Law: Constitution of Pakistan, 1973

Section: 188

Law: Supreme Court Rules, 1980

Section: O.XXVI

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Constitution of Pakistan (1973)---Art. 188---Supreme Court Rules, 1980, O.XXVI---Control of Narcotic Substances Act (XXVII of 1997), S.9(c)---Review of Supreme Court ---Scope. In the present case the impugned order suffered from no error or mistake warranting review of the same. All the points agitated while arguing the review petition had been dilated upon and decided after going through entire record with care and caution. From whatever angle the matter may be examined, no case of review was made out. The case could not be reopened on merits in review. Scope of review was very limited and review petition was not maintainable on those points which had been decided one way or the other. Moreover, any dispute which had already been resolved could not be reviewed even if the same had been resolved illegally. The exercise of review jurisdiction does not mean a rehearing of the matter and as finality attaches to the order, a decision, even though it is erroneous per se, would not be a ground to justify its review. Accordingly, in keeping with the limits of the review jurisdiction, it is futile to reconsider the submissions, which converge on the merits of the decision. It needs no reiteration that before an error can be a ground for review, it is necessary that it must be one which is apparent on the face of the record, that is, it must be so manifest and so clear that no Court could permit such an error to remain on the record. It may be an error of fact or of law, but it must be an error which is self-evident and floating on the surface and does not require any elaborate discussion or process of rationcination. It is not denied that if the Court had taken a conscious and deliberate decision on a point of law or fact while disposing of a petition - or an appeal, review of such or order cannot be obtained on the grounds that the court took an erroneous view or that another view on reconsideration was possible. Review also could not be allowed on the ground of discovery of some new material, if such material was available at the time of hearing of appeal or petition but not produced. The contentions of the counsel were nothing but reiteration of the same grounds,…

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