Criminal M.A. Nos. 1591 to 1594, 1663, 1733 & 1734/2020 in 
Cr. R.P Nos. Nil/2020 and Cr.O.P. No. 57/2015 
1
 
Faial Arab, J.- In all these connected review petitions, 
the petitioners seek review of the judgment dated 04.05.2018, 
authored by Ejaz Afzal Khan, J, as he then was, myself concurring 
with it and my learned brother Maqbool Baqar, J. dissenting. 
Aggrieved by such judgment the main party to the proceedings, the 
Bahria Town (Pvt.) Limited exercised its option by filing Review 
Petition which was dismissed on merits by a five member larger 
bench of this Court on 04.12.2018, and thus the judgment dated 
04.05.2018 attained finality. 
 
2. 
 
The present review petitioners were neither party in 
the main case nor stake any claim in the property which was 
subject matter of the main case. They also do not claim any right 
on the land which is in occupation of Bahria Town (Pvt.) Limited.  
They are seeking review of the judgment dated 04.05.2018 only for 
the reason that the question of law decided in the said judgment 
by this Court be declared not to be binding on the revenue 
authorities in case any action on the basis of the law laid down in 
the said judgment is initiated with regard to their properties. 
 
3. 
 
Today, the counsel for the present review petitioners 
were heard on the maintainability of their review petitions. After 
the hearing, the order which my learned brother Maqbool Baqar, J. 
has proposed to pass, states that what has been decided in the 
judgment dated 04.05.2018, passed in the main case shall not 
come in the way of present review petitioners in case any action in 
relation to their properties on the basis of such decision is 
contemplated or initiated by the revenue authorities. The proposed 
order of my learned brother, in my humble view, would then mean 
Criminal M.A. Nos. 1591 to 1594, 1663, 1733 & 1734/2020 in 
Cr. R.P Nos. Nil/2020 and Cr.O.P. No. 57/2015 
2
that the law laid down by this Court in the said judgment is not a 
good law and therefore, does not carry its binding effect. I 
respectfully do not agree with the same for the following reasons. 
 
4. 
 
When this Court decides a question of law or its 
decision is based upon a principle of law, the same is binding on 
all courts in Pakistan by virtue of Article 189 of the Constitution. If 
the law laid down in judgment dated 04.05.2018 passed in this 
case is made ineffective on the basis what has been pleaded in the 
review petitions, it would amount to nullifying the mandate of 
Article 189 of the Constitution. This in turn would also amount to 
replacing the majority judgment with the minority judgment. 
 
5. 
 
The whole intent of Article 189 of the Constitution is to 
curb future litigation on any question of law or a principle of law 
that has been laid down by this Court and all present and future 
controversies are to be decided accordingly as long as it is a good 
law. Hence, until the question of law decided by this Court in the 
judgment dated 04.05.2018 is revisited by a larger bench of this 
Court in some other case, all authorities would be bound to abide 
by the same. Hence, the entire basis for seeking review of the 
judgment dated 04.05.2018 is extraneous to the jurisprudence of 
this country and therefore, all these connected review petitions are 
not maintainable and are summarily dismissed. 
 
  
JUDGE 
26th of October, 2020 
Criminal M.A. Nos. 1591 to 1594, 1663, 1733 & 1734/2020 in 
Cr. R.P Nos. Nil/2020 and Cr.O.P. No. 57/2015 
3
ORDER OF THE COURT 
 
 
By majority of two to one (Maqbool Baqar, J 
dissenting), all these review petitions are dismissed.  
 
JUDGE 
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
26th of October, 2020 
Not Approved For Reporting 
 
