Law: Constitution of Pakistan, 1973

Section: 189

Law: Governor-Criminal Procedure Code (V of 1898)

Section: 426, 497 & 498

(a) Precedent----- Interpretation of varying precedents---Criminal case---Principle---When two varying precedents laying down a law by the Supreme Court or the High Courts in criminal cases are available on a particular point, the one most relevant and applicable to the facts and circumstances of the case and delivered by a larger Bench should be followed.Sikandar A. Karim v. The State 1995 SCMR 387 ref.(b) Constitution of Pakistan (1973)-------Art. 189---Binding effect of decisions of Supreme Court---Essentials for good judicial administration---Principles emphasized.Supreme Court is the highest judicial forum in the country, it has to interpret the law while hearing appeals from the s of the High Court and the subordinate judiciary. Invariably such matters are considered by more than one Judges having long experience and thrash out the proposition brought before them in the light of the chain of s rendered on the controversy in Issue and ensure that continuity of law is maintained as it is essential for good judicial administration.The subordinate judiciary, should always give its utmost respect, regard and consideration to the s, decrees, directions and orders of the Supreme Court, for, it is necessary apart from the binding nature of the same for maintaining discipline in all ranks of the judiciary. When the Supreme Court itself gives due consideration to the earlier decisions rendered by it, it is not understood as to why the subordinate judiciary in Pakistan should turn a deaf ear to the s, awards, findings or observations of the Supreme Court. The Courts and authorities subordinate to the Supreme Court are under legal obligation to follow the law laid down by it, and if they consider that the case law cited before them is not relevant or applicable to the facts and circumstances of the case they are dealing with, then they should distinguish it with reasons showing application of mind by them. This exercise would enable the party citing the case-law to understand as to why the precedents relied upon by it were not followed.Syed Sajjad Hussain v. Secretary, Establishment Division, Cabinet Secretary, Islamabad and 2 others 1996 SCMR 284; Ataur Rehman v.…