Kh. MUHAMMAD FAZIL vs MUMTAZ MUNNAWAR KHAN NIAZI Maxim "Functus officio" — 2024 SCMR 1059 SUPREME-COURT

Case information

Citation: 2024 SCMR 1059 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: Kh. MUHAMMAD FAZIL vs MUMTAZ MUNNAWAR KHAN NIAZI Maxim "Functus officio"
Subject matter: Criminal

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

Kh. MUHAMMAD FAZIL VS MUMTAZ MUNNAWAR KHAN NIAZI Maxim "Functus officio"---Meaning and scope---"Functus officio" denotes that once the competent authority has finalized and accomplished the task for which it was appointed or engaged, its jurisdiction and authority is over and ended or, alternatively, the jurisdiction of the competent authority is culminated once it has finalized and accomplished its task for which it was engaged---If the Court passes a valid order after providing an opportunity of hearing, it cannot reopen the case and its authority comes to an end and such orders cannot be altered save for where corrections need to be made due to some clerical or arithmetical error---Doctrine of functus officio is applicable to both judicial and quasi-judicial authorities, and, if it is not adhered to, it may result in turmoil for the litigating parties---If the authorities or the judges would be able to alter, change or modify orders capriciously and variably then resultantly it will leave no certainty and firmness to any order or decision passed by any Court or authority---It is imperative for a sound judicial system to result in finality and certitude to the legal proceedings.

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