KISHWAR ALAM and others vs MEDICAL SUPERINTENDENT and others
This matter comes before the Supreme Court upon the discovery that a previously pronounced oral order granting leave to appeal conflicted with a prior decision of another Bench of the Court which had declined leave on merits in similar circumstances. The core legal question concerns the propriety of recalling an orally pronounced leave-granting order when a conflicting precedent from a coordinate bench is brought to light. The Court held that the oral order granting leave must be recalled. The key principle laid down is that the Supreme Court possesses the inherent power to recall its orally pronounced orders prior to final dictation and signing when oversight of binding or consistent precedent of the Court is revealed, ensuring consistency in judicial adjudication.
- Can the Supreme Court recall an orally pronounced order granting leave to appeal?
- What is the procedure when an oral order conflicts with a prior decision of the Court in similar circumstances?
ORDER
1. SAIDUZZAMAN SIDDIQUI, C.J.---We had orally announced the order in above cases granting leave to appeal. However, while dictating order in the cases, it has been brought to our notice by the office that in similar cases (C.Ps. 1803-L to 1831-L of 1998 and others) a learned Bench of this Court, consisting of Ajmal Mian, C.J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ., had declined leave against the order of learned Service Tribunal in similar circumstances on merits. This fact was not brought to our notice either by the learned counsel for the. Petitioners or learned Additional Advocate-General. In these circumstances, we recall the leave granting order orally pronounced on 26-11-1999 and direct that these cases may be fixed for rehearing before the Court according to roster.