ISLAMABAD: The Supreme Court, on Tuesday, held that a second review cannot be heard against its judgments under the Constitution of 1973 and the apex court Rules. A three-judge bench, headed by Justice Umar Ata Bandial, heard second review petition of Khalid Mehmood against Chaklala Cantonment Board (CCB).

Khalid's commercial plot in Scheme-III, Rawalpindi was cancelled by the CCB though he had paid the initial amount. Advocate Umar Aslam, representing the petitioner, argued that the Supreme Court can allow a second, or even a third review of a case, if required.

However, Justice Mansoor Ali Shah stated that there is no place for a curative review in Pakistani law. He observed that the second review is also not allowed in the Indian Constitution.

"A second review was never allowed in life imprisonment and death sentence cases; how plot allotment is more important than somebody's life?" he asked.

Justice Bandial said there is no room for a second review under the Constitution of Pakistan. The Supreme Court, in a matter of public interest, can consider its own judgment as null and void; however, a second review is not a valid option, he added.

The lawyer argued that the Supreme Court can set the precedent of a second review in cases which are mishandled, and that no clause of the Constitution puts a bar on the court to review/recall its judgment. He said the present case was decided in the absence of the prosecution lawyer. Upon that Justice Mansoor said if the lawyer fails to argue the case well; it is not the court's fault.

He added: "if any case is poorly handled and the Supreme Court starts conducting reviews, there will be no end to litigations in the country."

The president, the prime minister, and others filed a curative review against the Supreme Court judgment in Justice Qazi Faez Isa's constitutional petition against the Presidential Reference; however, the SC Registrar objected to the second review petitions of the federal government.

Copyright Business Recorder, 2021