Hon’ble Supreme Court
of Pakistan and while deciding it, in the case of
“MUHAMMAD ASHRAF BUTT and others versus
MUHAMMAD ASIF BHATTI and others” (PLD 2011 Supreme
Court 905), the Hon’ble Apex Court has held as under:-
“Lastly, attending to the plea propounded by the
learned counsel for the appellants that the
constitutional jurisdiction could not be exercised by
the learned High Court for interfering in the
revisional order of the Addl. District and Sessions
Judge. Suffice it to say that on account of the
provisions of Article 4 of the Constitution of Islamic
Republic of Pakistan, 1973, it is an alienable right
of every citizen to enjoy the equal protection of law
and to be treated in accordance with law, therefore,
if a revisional Court has passed an order which
does not qualify the test of Article 4 ibid and suffer
from a patent error, of fact, such as nonreading/misreading of the facts on the record or
has committed a grave illegality in applying the
correct law, such as the error of misapplication
and non application of correct law, thus being an
illegality of a sheer nature can always be rectified
by the High Court while exercising its
Used in Judgement of
Lahore High court
| Criminal Proceedings 206739/18 |
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