Federal Constitutional Court rejects plea to reopen Bhakkar land dispute

The Federal Constitutional Court says that final court decisions may not be contested again and again. The same argument may not be brought before several judicial bodies – this is a misuse of the right to a court hearing.

LAHORE: The Supreme Court denied a petition of the heirs of Anwari Bibi seeking leave to appeal in a land ownership dispute over construction of a girls’ school in Bhakkar and endorsed the verdict of the Lahore High Court.

In its opinion the court noted that a final judgement cannot be reopened unless fraud, a mistake or a lack of jurisdiction on the part of the competent court is proved. The law was clear that the same case could not be repeatedly brought before courts, it stated.

The partition and re-allotment of the land had previously been taken up to the Supreme Court and also the decision of the consolidation authorities on the partition had also become final, the judgement said. The execution of a judgement could not be re-litigated on an issue already decided.

The court explained that the executing court can execute a decree within its jurisdiction but cannot travel beyond the decree or change the settled rights.

The heirs of Anwari Bibi, in the dispute, argued that the girls’ school in Bhakkar was constructed over their land. They also appealed previous court decisions on the division of the land and the building of the school.

The bench of Justice Rozi Khan Breach and Justice Syed Arshad Hussain Shah issued the verdict. Detailed judgement was written by Justice Syed Arshad Hussain Shah.

The court said the finality of judgements was crucial for continuity in the justice system, legal certainty and the rule of law.