The Federal Constitutional Court of Pakistan (FCCP) has ruled that judgments of the Supreme Court are final and binding, and no subordinate forum has the authority to reopen or review them-even after the passage of decades.
In a detailed judgment approved for reporting on Friday, a two-member bench comprising Justice Aamer Farooq and Justice Rozi Khan Bareech dismissed civil petitions challenging a Lahore High Court decision dated November 24, 2022.
The case concerned agricultural land reforms dating back to 1977, when Karam Ali was declared a landholder with ownership of 12,691 Produce Index Units (PIUs), while 4,819 PIUs were taken over by the state as surplus land. After multiple appeals and review petitions, the Supreme Court had finally settled the matter on December 6, 1986. Despite the finality of that verdict, the court noted that Karam Ali’s legal heirs filed a fresh review petition before the Chairman of the Federal Land Commission 24 years later, concealing material facts. The chairman allowed the review on February 7, 2011.
The Federal Constitutional Court held that this action violated Article 189 of the Constitution, which makes Supreme Court decisions binding on all subordinate courts and authorities. It ruled that the Land Commission chairman had acted without jurisdiction and that the order was void ab initio.
Reiterating the principle of res judicata, the court said a matter conclusively decided cannot be reopened. It also upheld the Lahore High Court’s decision to allow applications under Section 12(2) CPC, observing that a lawyer cannot withdraw a petition or enter into a compromise without the clear consent of all parties.
Finding no legal, constitutional, or jurisdictional defect in the impugned judgment, the court dismissed the petitions and refused leave to appeal.