Muhammad Ibrahim vs The State
The matter arises from review petitions filed against the judgment of the Supreme Court in Muhammad Ibrahim v. The State. The core legal question is whether a review petition can be entertained for the re-appraisement of evidence and re-argument of a case on merits. The court held that review cannot be granted on the ground that facts require re-evaluation or that the same arguments are being re-urged, as re-arguing a case on merits falls beyond the scope of review. The key principle laid down is that the Supreme Court will not re-examine or re-evaluate evidence in a review jurisdiction, and review cannot serve as an appeal in disguise.
- Can a review petition be granted for the re-appraisement or re-evaluation of evidence by the Supreme Court?
- Is re-arguing a case on merits and raising additional grounds permissible within the scope of a review petition?
- Whether review can be granted on the ground that certain facts require re-examination?
ORDER
JAVED IQBAL, J. --- Heard Mr. Kamran Murtaza, learned ASC at length on behalf of petitioner and Syed Ayaz Zahoor, learned Sr. ASC for complainant in the above- captioned review petitions which are being disposed of by this order being identical in nature.
2. All the arguments made today have been considered and decided in a comprehensive manner in the judgment impugned, In fact Mr. Kamran Murtaza, learned ASC wanted re-examination and re-evaluation of the entire evidence once again which we are afraid cannot be done while dilating upon these review petitions, lt is well-settled by now that review cannot be granted on the ground that certain facts require re-appraisement by Supreme Court, In this regard we are fortified by the dictum laid down in Basharat Khan v. The State (1984 SCMR 1033) (1), Zuifikar AH Bhutto v. State (PLD 1979 SC 741), Muhammad Nazir v. State (1979 SCM R 89), Kala Khan v. Misri Khan (1979 SCM R 347), Saghir Ali v. Mehr Din (1968 SCM R 729). There is no cavil to the proposition that review cannot be granted for merely re-examination of the same arguments. Re-arguing a case on merits, as well as additional grounds is beyond the scope of review petition, ln this regard reference can be made to Manzoor Hussain v. Zohra Bibi (PLD 1990 SC 924), Haji Muhammad Sarwar v. Mian Asad Hakim and others (1983 SCM R 177), Jalal v. Nazir Ahmad (1980 SCM R 320). The above-captioned review petition, being devoid of merit are accordingly. ,