ATA MLJHAMMAD AND Another vs THE STATE-
This matter concerns a review petition filed against a judgment of the Supreme Court of Pakistan dated 12th November 1969, which had previously dismissed the petitioners' criminal appeal and affirmed their convictions and death sentences for the murder of one Allah Dia. The core legal question presented was whether the petitioners had established sufficient grounds to warrant a review of the earlier appellate judgment. The Court held that the petition was essentially an attempt to re-canvass factual evidence that had already been duly considered and determined during the original appeal proceedings. Finding no error apparent on the face of the record, the Court dismissed the petition. The key principle laid down is that a review petition cannot be utilized as a mechanism to re-argue or re-examine evidence already adjudicated upon, and such relief is strictly confined to instances where an error is apparent on the face of the record, as mandated by the procedural rules governing the Court's review jurisdiction.
- Can a review petition be used to re-canvass evidence that was already considered and determined in an appeal?
- What is the threshold for granting a review of a judgment under the Supreme Court Rules?
- Rule 1, Order XXVI, Supreme Court Rules
ORDER
1. SAJJAD AHMAD, J.-This petition seeks a review of the judgment of this Court dated the 12th of November 1969, made in Criminal Appeal No. 16 of 1969, whereby the appeal of the petitioners against their convictions and sentences of death as affirmed by the High Court of West Pakistan, Lahore, for tire murder of one, Allah Dia, was dismissed. The petition is merely an effort to re- canvass some points arising in the evidence led in the case, which were duly considered and determined. No error, much less any error apparent on the face of the record is disclosed in the impugned judgment, as required by rule 1 Order XXVI of this Courts Rules as amended, for purposes of review. There .Is no substance .In this review petition which is dismissed.