The PRESIDENT OF PAKISTAN vs Justice QAZI FAEZ ISA O — 2023 PLD 621 SUPREME-COURT

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The PRESIDENT OF PAKISTAN VS Justice QAZI FAEZ ISA O.XXVI, R. 9---Constitution of Pakistan, Arts. 184(3), 188 & 209(5)(b)---Curative review---Second review petition---Maintainability---Bar on filing---Curative review petitions, withdrawal of---Through present applications the appellants seek the withdrawal of their curative review petitions filed against the Supreme Court's decision dated 26.04.2021 given in its review jurisdiction in Justice Qazi Faez Isa v. President of Pakistan (PLD 2022 SC 119) ("subject judgment")---Held, that bar on filing a second review petition is declared in Rule 9 of Order XXVI, of the Supreme Court Rules, 1980---Under the current scheme of the law the appellants appear to be precluded from filing a review against the subject judgment because it has finally disposed of the review petitions filed against the original judgment---Second review is barred by law and the Court alone is empowered, if so inclined, to re-visit, review or set aside any of its previous judgments/orders---In the present case no Member of the Bench that delivered the subject judgment (nor any other Judge of the Court) has so far considered it necessary to re-visit, review or set aside that judgment on the ground that it has had a significant impact on the Fundamental Rights of citizens; or that it is in the interest of the public good; or that it is per incuriam---Consequently, in the absence of such a judicial view and the lack of an enabling jurisdiction that allows an aggrieved or concerned party to file a second review, the appellants curative review petitions appear to be not maintainable---In such circumstances the ordinary course of action would have been to refer the matter to the Court for a conclusive determination on its maintainability---However, the appellants are now seeking the withdrawal of their curative review petitions---Such right of the appellants to withdraw their curative review petitions (and generally of parties to withdraw their cases) is acknowledged by the law---Applications were allowed and the curative review petitions were dismissed as withdrawn.

The PRESIDENT OF PAKISTAN vs Justice QAZI FAEZ ISA O — 2023 PLD 621 SUPREME-COURT

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