PLD 2020 Pesh 1
MASOOM JAN VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad
Art. 199---Earlier judgment of Bench consisting of equal Judges of the High Court---Binding effect---Constitution of a Larger Bench---Scope---When a subsequent Bench of the High Court comprising of same numbers of Judges, did not wish to agree with the view of earlier Benches on the same point then instead of giving a different view, it had to request for the constitution of Larger Bench to revisit the earlier view of the Court---Wisdom behind honouring the earlier view of the Benches of the same High Court by the subsequent Bench on the same point of law, was to maintain harmony in the decisions of the Court on the same point of law---If, a Bench of equal numbers of Judges, was permitted to give a different view than the earlier view of the Bench of equal numbers of Judges on the same point of law, it would certainly create chaos and confusion, not only for the public at large, but also for the Courts, subordinate to the High Court.
High Court, in exercise of its judicial review under Art.199 of the Constitution had the mandate to positively interfere with the decisions of the Criminal Courts/Military Courts, against which no right of appeal was available to the accused/convicts, if the case of prosecution was based on no evidence or insufficient evidence, was void, coram non-judice, without jurisdiction and based on mala fide or malice in law.
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