FEDERATION OF PAKISTAN through Revenue Division vs DEWAN MOTORS (PVT — 2025 PLD 394 SUPREME-COURT

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FEDERATION OF PAKISTAN through Revenue Division VS DEWAN MOTORS (PVT.) LTD. Ss. 2(1) & 2a---Constitution of Pakistan, arts. 185(3) & 191a(4)---Customs act (IV of 1969), S. 221a(2)---Fixation of cases---Vires of law---Jurisdiction of Benches---Question for determination was with regard to fixation of Civil Petitions for Leave to appeal, challenging vires of section 221 a (2) of Customs act, 1969---Petitions in question were inadvertently fixed before Regular Bench of Supreme Court---Constitutional Committee of Supreme Court withdrew the petition in question and fixed before Constitutional Bench of Supreme Court---Validity---Committee under section 2 of Supreme Court (Practice and Procedure) act, 2023 is responsible for handling and fixing cases before Regular Benches of Supreme Court, other than those falling within article 191a(3) of the Constitution---Committee under section 2a of Supreme Court (Practice and Procedure) act, 2023 has been vested with jurisdiction to determine whether a case falls within article 191a (3) of the Constitution, if it does, it should be heard by Constitutional Bench and if not, it may be referred to the Committee constituted under section 2 of Supreme Court (Practice and Procedure) act, 2023 for fixation and disposal by another Bench of Supreme Court---Both Committees are provided for under the provisions of Supreme Court (Practice and Procedure) act, 2023---Second Committee is also protected under article 191a(4) of the Constitution, a recognition not accorded to the First Committee---Supreme Court directed Registrar of Supreme Court that in order to provide effective administrative and sectoral support, he/she must take all reasonable precautions to prevent mistakes or oversight in case fixation---Supreme Court further directed that concerned branch/officials should be sensitized about the nitty-gritty of article 191a of the Constitution so that they would not commit any such mistake or misadventure in future---Constitutional Bench of Supreme Court had rightly recalled orders passed by Regular Bench of Supreme Court as the same were without jurisdiction---On recalling such orders, the superstructure built thereon also collapsed and any proceedings taken, orders passed or actions made in pursuance of the orders in question had lost their status and effect.

FEDERATION OF PAKISTAN through Revenue Division vs DEWAN MOTORS (PVT — 2025 PLD 394 SUPREME-COURT

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