SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY — 2026 SCMR 22 SUPREME-COURT

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SYED SAAD ALI VS FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY. Sub-silentio, doctrine of---Meaning, concept, scope and application---Judgment rendered without considering specific question of law---Precedential value. The doctrine of "sub-silentio" recognizes a legal principle where a judgment is rendered without specifically and precisely addressing or deciding the exact question of law raised for determination. The term "sub silentio" is a Latin expression which literally translates to "under silence" or "in silence". In legal jurisprudence, it refers to a situation where a Court decides a lis without appreciating, discussing or deliberating upon a particular point of law which was placed before it for adjudication. Held: Where a Court overlooks or fails to address a crucial question of law raised before it, the precedential value of such decision is seriously affected. A decision cannot be treated as binding precedent if it was reached without argument, without reference to the relevant statutory provisions and without consideration of applicable legal authorities. A judgment rendered sub silentio lacks authoritative weight on the point which was not consciously considered and decided by the Court. The Supreme Court observed that judicial decisions derive binding force only in respect of matters which were actually considered and determined. If a legal issue has escaped consideration and the Court has remained silent upon it, such silence cannot be interpreted as a declaration of law on that issue. Accordingly, the doctrine of sub-silentio operates to prevent reliance upon judgments as precedents where the relevant point of law was not examined or decided.

SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY — 2026 SCMR 22 SUPREME-COURT

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