ISLAMABAD:Federal Constitutional Court (FCC) has maintained Supreme Court (SC) decisions are not binding on it and it can only seek guidance from them. The FCC further remarked legal precedents of SC can be adopted only if they conform to law and constitution.

FCC has set important principles regarding scope of review petitions. Justice Aamer Farooq and Justice Rozi Khan announced the decision of review case. The court maintained review is not aimed at re-hearing of the case or providing another opportunity for arguments on already settled points but it is identification of clear error or such lapse on the record which has resulted into miscarriage of justice

According to decisions of the SC is like convincing argument for FCC. If SC precedent conforms to law and constitution then the FCC can adopt it. The court made it clear the review petitions based on ill intent and without any justification will be discouraged.

At least fine of Rs 25000 can be imposed on filing such petition. Disciplinary action can also be initiated against the respective lawyer. It has been further said in the decision that leave to appeal is not itself right to appeal but the petition adopts the form of appeal following grant of permission by the court. Rejection of leave to appeal does not necessarily mean this that the high court decision has been upheld.

As per decision it is not mandatory for court to give detailed reasons on leave to appeal.

Short order or non speaking order is not itself justification for review. At the stage of leave to appeal the court reviews the legal question or the need for preventing massacre of justice.

The FCC while rejecting the review petition of Balochitan Trading Company ordered to confiscate the security already deposited.

According to court the company did not point out any clear mistake available on record but it had presented again the points which were already raised.