Describing the Scope, Process and Grounds of Review in the Legal Framework of Pakistan

Abstract

This article aims to describe the scope, process and grounds of review in the legal framework of Pakistan. The concept of a ‘review’ refers to a legally sanctioned process wherein a court revisits its own judgment. This practice is globally prevalent and has sparked diverse debates, featuring arguments both for and against the exercise of review by courts. The doctrine of review is also incorporated in the legal and constitutional framework of Pakistan. This descriptive research has been done through doctrinal methodology and qualitative approach. Review mechanisms in Civil and Criminal law are governed by distinct legislative frameworks. Criminal Law's review, as per Section 369 of the Criminal Procedures Code 1898, bars modifications to a finalized judgment, except for clerical or arithmetical errors, ensuring consistency in the criminal justice system. In contrast, Civil law permits reviews for errors or sufficient grounds as guided by Section 114 and 152 of the Civil Procedures Code. Article 188 empowers even the Supreme Court of Pakistan to rectify its clear mistakes, preserving justice and public trust. However, this review isn't for reevaluating the entire case but to correct evident errors, emphasizing judicial integrity and precision.