FEDERATION OF PAKISTAN through Secretary Finance Division vs ABDUL RASHEED MEMON S — 2025 SCMR 532 SUPREME-COURT

Case information

Citation: 2025 SCMR 532 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: FEDERATION OF PAKISTAN through Secretary Finance Division vs ABDUL RASHEED MEMON S
Subject matter: Criminal
Provisions referred to: S. 4---C

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

FEDERATION OF PAKISTAN through Secretary Finance Division VS ABDUL RASHEED MEMON S. 4---Constitution of Pakistan, Art. 189---Service appeal---Stare decisis and precedent---Distinction---Authorities were aggrieved of judgment passed by Service Tribunal in violation of the principle already laid down by Supreme Court---Effect---Doctrine of stare decisis, is a Latin term that connotes "let the decision stand" or "to stand by things decided"---Law declared by Supreme Court should be certain, translucent and rational, as most decisions not only constitute a determination of rights of parties but also set down a declaration of law that serves as binding principles in future cases, thereby contributing to development of jurisprudence---Doctrine of precedents, vis-à-vis stare decisis has fundamental value in ensuring an objective certitude and firmness in legal system---Rule of adherence to judicial precedents finds it expression in the doctrine of stare decisis, which posits that when a point or principle of law has officially been decided or settled by ruling of a competent Court in a case where it was directly and necessarily involved, it should no longer be considered as open to re-examination or to a new ruling---Such policy of Courts is conveniently termed as doctrine of stare decisis---Rational behind such policy is the need to promote certainty, stability and predictability in law---Supreme Court set aside judgment passed by Service Tribunal as the same was passed against the law settled by Supreme Court---Appeal was allowed.

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