Law: Constitution of Pakistan, 1973

Section: 184(3),199&185

(a) Constitution of Pakistan (1973)----Art. 184(3)---Original jurisdiction of Supreme Court---Scope---Where a party has exhausted all his remedies up to Supreme Court, he cannot be permitted to avail of human rights forum-for the purpose of re-opening the matter. Human Right Case No. 9 of 1993 ref. (b) Constitution of Pakistan (1973)--- ----Art. 184(3)---Original jurisdiction of Supreme Court---Scope---Mere fact that there was an omission on the part of a convict not to press into service a ground would not entitle him or any other person on his behalf to reagitate the question of legality of his conviction through a proceeding under Art. 184(3) of the Constitution of Pakistan (1973). (c) Constitution of Pakistan (1973)--Arts. 184(3), 199 & 185---Original jurisdiction of Supreme Court ---Scope--­Proceedings under Art. 184(3) of the Constitution of Pakistan (1973), cannot be initiated, the effect of which will be to re-open a matter, which is already finally adjudicated upon by Supreme Court in exercise of its regular jurisdiction under Art. 185 of the Constitution of Pakistan---Jurisdiction of Supreme Court under Art. 184(3) of the Constitution compared in juxtaposition with Art 199 of the Constitution of Pakistan. A proceeding under clause (3) of Article 184 of the Constitution cannot be initiated, the effect of which will be to re-open a matter, which is already finally adjudicated upon by the Supreme Court in exercise of its regular jurisdiction under Article 185 of the Constitution. The jurisdiction under clause (3) of Article 184 of the Constitution is of the nature of the jurisdiction provided for in Article 199 of the Constitution, clause (5) of which expressly, inter alia, provides that the Supreme Court and a High Court is not included for the purpose of invoking jurisdiction under the above Article as they are not covered by expression "person" used in the above. Article. A perusal of the provision of Article 184 (3) of the Constitution indicates that without prejudice to the provisions of Article 199, the Supreme Court has been conferred with the power to entertain a petition under the above provision directly if the following two conditions are…

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