GENERAL (R) PARVEZ MUSHARRAF vs NADEEM AHMED (ADVOCATE) and another and another
This matter concerns review petitions filed by General (R) Parvez Musharraf against a previous judgment of the Supreme Court of Pakistan. The core legal question addressed by the Court was whether the review petitions were maintainable, specifically regarding the limitation period and the merits of the grounds urged by the petitioner. Upon consideration, the Court held that the review petitions were barred by time and that the precedent case-law relied upon by the petitioner was distinguishable from the present circumstances. Furthermore, the Court determined that the grounds presented by the petitioner's counsel did not fall within the scope of review jurisdiction, nor were they legally tenable on their merits to justify any interference with the original judgment. Consequently, the Court dismissed both petitions. The judgment reinforces the principle that review jurisdiction is limited in scope and cannot be invoked to re-argue matters that do not meet the strict criteria for review, particularly when petitions are filed beyond the prescribed limitation period.
- Are review petitions filed beyond the prescribed limitation period maintainable?
- Do the grounds urged by the petitioner fall within the scope of review jurisdiction?
- Can a review petition be entertained if the arguments presented are not tenable on merits?
ORDER
1. For reasons to be recorded later in the detailed judgment, we find the review petitions filed by petitioner General (R) Parvez Musharraf to be barred by time and the precedent case-law cited in this behalf to be distinguishable. Even otherwise, we have considered the submissions made on merits. The grounds urged by the petitioner's learned counsel neither fall within the purview of review jurisdiction nor tenable on merit to warrant interference in the judgment under challenge.
2. Both the petitions filed by him are accordingly dismissed.