Justice QAZI FAEZ ISA vs PRESIDENT OF PAKISTAN arts — 2023 PLD 661 SUPREME-COURT

Case information

Citation: 2023 PLD 661 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: Justice QAZI FAEZ ISA vs PRESIDENT OF PAKISTAN arts

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Justice QAZI FAEZ ISA VS PRESIDENT OF PAKISTAN arts. 184, 185 & 188---Precedential effect and value of the opinion of some Members of a Bench of the Supreme Court---Whether the dissenting Members of a Bench could adjudicate upon the precedential effect and value of the opinion of other (majority) Members of the same Bench, in their judgment delivered in the same case---Held, that such practice had never been seen in our jurisdiction as well as in any of the foreign jurisdictions---Members of the same Bench differ on issues and strongly express their respective opinions, as well as make comments on the opinion of each other highlighting the reasons for which they think other Member(s) has erred in his opinion, but do not adjudicate upon the precedential effect and value of each other's opinion---Question of extracting ratio decidendi and determining precedential effect and value of the opinion of some Members of a Bench of the Supreme Court expressed in a judgment delivered in one case, can be examined only in other cases where such a judgment is cited as precedent, and that can be done not only by a Bench of the Supreme Court but even by a court lowest in the judicial hierarchy; nevertheless, it is in no way a domain of the Members of the same Bench to make this exercise in their respective judgments rendered in the same case.

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