Oddly enough, in both, the 1959 judgment was not referred to, thereby rendering them per incuriam
in the eyes of law.
'The Impugned Order(s) run(s) contrary to case law and precedents established by the Apex Court and the Superior Courts of Pakistan and the same is per incuriam
In fact, it had been categorically held by the apex court in earlier judgements that dismissal of the review petition does not limit the inherent powers of the apex court under Article 184(3) (enforcement of fundamental rights) and Article 187 of the Constitution (issue and execution of process of the Supreme Court) to set the law right where the judgement is per incuriam
(without jurisdiction) and no amount of technicalities can stand in the way of this court in achieving this goal.
Sharif in the petition has urged SC to declare its order of July 28, 2017 in the Panama Papers " in which NAB was directed to file three references against the PML-N head " per incuriam
(lacking due regard for the law), as it is allegedly in violation of the Constitution.
He stated: 'The Final Order of the judgment suffer from errors floating on the surface of the record, besides being per incuriam
, and are therefore, liable to be reviewed.
Learned counsel appearing for State Life Insurance Corporation has, however, referred to a judgment of a full Bench of the High Court wherein it has been held that the aforesaid judgment proceeds on an erroneous premise inasmuch as "the time specific jurisdictional threshold under section 115 of the Ordinance has not been considered by the above cited judgment" [rendering the same] per incuriam
It was an appeal against an Order made by one Bench of the Court of Appeal setting aside a stay order issued by a different Bench of the same Court on the basis that the Bench which issued the stay order has issued it per incuriam
. In his judgment Samarakone C.J.'s has stated that "The only question we need to decide in this appeal is whether the stay order was made per incuriam
." (1978-79-80) 1SLR 10 at 12.
The Federation of Indian Mineral Industries and Confederation of Indian Industry said the reference could by entertained by the apex court if it came to the conclusion that the judgment was not clear on law and the matter had been decided per incuriam
( without referring to a statutory provision or earlier relevant judgment).
The review petition said Paragraph No 18 of the Hudaibiya judgment is per incuriam
as the reference had not been dismissed, but adjourned sine die and if the impugned judgment of the Lahore High Court quashing the reference is set aside, the proceedings would commence from the stage it was halted.
In fact, he said, it had been categorically held by the apex court in earlier judgements that dismissal of the review petition did not limit the inherent powers of the apex court under Article 184(3) (enforcement of fundamental rights) and Article 187 of the Constitution (issue and execution of process of the Supreme Court) to set the law right where the judgement is per incuriam
(without jurisdiction) and no amount of technicalities could stand in the way of this court in achieving this goal.
State Life Insurance Corporation of Pakistan through Chairman and another 2009 CLD 1213 held per incuriam