LETTER FROM DG, PUNJAB JUDICIAL ACADEMY, LAHORE_ In the matter of vs NOT
This matter originated from an application filed by the Punjab Judicial Academy, Lahore, seeking the rectification of a factual error contained in a previous judgment of the Supreme Court of Pakistan dated 15-10-2012. In the prior judgment, the Court had observed that the Province of Punjab had enacted an amendment to the Pakistan Arms Ordinance, 1965, which rendered the offence under Section 13 of the said Ordinance non-bailable. The Academy, upon review, asserted that no such amendment had actually been promulgated, a position subsequently confirmed by the Law and Parliamentary Affairs Department, Government of Punjab. The core legal question was whether the Court could rectify a factual misstatement in its prior judgment regarding the status of a statutory provision. The Supreme Court, with the concurrence of the State, allowed the application and rectified the observation, clarifying that no amendment making the offence under Section 13 non-bailable had been made in the Province of Punjab. The Court affirmed that this rectification did not alter the final decision rendered in the original appeal.
- Can the Supreme Court rectify a factual error regarding the existence of a statutory amendment in a prior judgment?
- Does the rectification of a factual observation in a judgment necessarily invalidate the final decision reached in that case?
- Section 13, Pakistan Arms Ordinance 1965
- Section 14, Pakistan Arms Ordinance 1965
ORDER
'NASIR-UL-MULK, C.J.--- While disposing of Criminal Petitions Nos.81-P of 2012 and 82-P of 2012, the same were converted into appeals and allowed; consequently, the appellant was admitted to bail in a case registered under section 13/14 of the Pakistan Arms Ordinance, 1965 [herein after referred to as 'the Ordinance']. While granting bail it was observed in the judgment dated 15-10-2012, that the Province of Punjab had brought an amendment whereby the offence under section 13 of the Ordinance has been made non-bailable. This is an application filed on behalf of the Punjab Judicial Academy, Lahore, wherein it has been stated that during discussion in some training program at the Academy it was pointed out that the said amendment, referred to above, has not been made and, therefore, the opinion of the Law and Parliamentary Affairs Department, Government of Punjab, was sought. According to the said opinion no such amendment has been made.
2. Learned Law Officer for the State agrees that the above error needs to be rectified; consequently, this application in the form of review Petition is allowed and the observation made in para 3 of the judgment referred to above, is rectified to the extent that no amendment has been made in section 13 of the Ordinance in the Province of Punjab to make the offence non-bailable. The rectification does not affect the decision in the appeal.
3. The application is disposed of in the above terms.
Cited by 2 cases
- Barkat Ali vs State through A.A.G. and another 2020 YLR 1443
- MUHAMMAD LEHRASIF vs The STATE and another 2019 P Cr. L J 318