AQIL HUSSAIN JAFRI Versus MASOOD JILANI
This matter concerns a petition filed for the clarification of a previous order issued by the Supreme Court of Pakistan in Civil Petition No. 313 of 1970, which had dismissed a petition for special leave to appeal with specific observations regarding the scope of remand proceedings before the Additional Settlement Commissioner (Land). The petitioner sought a clarification of the Court's directive restricting the consideration of rights arising after 13th July 1960. The Supreme Court dismissed the petition, holding that such a petition for clarification is unknown to the Rules of the Court. Furthermore, the Court determined that it became functus officio once the original order was passed and signed. The Court clarified that if a lower court or authority misinterprets its order, the aggrieved party must pursue appropriate legal remedies, such as appeal or revision, rather than seeking clarification from the Supreme Court itself. The principle established is that the Supreme Court cannot entertain petitions for clarification of its orders once it has become functus officio.
- Can the Supreme Court entertain a petition for clarification of an order after it has become functus officio?
- What is the appropriate remedy for a party if a lower court misinterprets an order of the Supreme Court?
ORDER
1. SALAHUDDIN AHMED, J.‑ This is a petition for clarification of our order dismissing with certain observations in Civil Petition No. 313 of 1970 for special leave to appeal. We had observed that the Additional Settlement Commissioner (Land) while hearing the matter on remand should not permit matters relating to the rights of the parties that came into existence since the 13th of July, 1960, to be canvassed in the case.
2. Such a petition is unknown to the Rules framed by this Court. Besides this Court became functus officio after it had passed and signed the order.
3. If any Court or authority proceeds to interpret our order wrongly the petitioner may have his remedy according to law by way of appeal or revision.
4. The petition is accordingly dismissed.
5. Petition dismissed.