Supreme Court Reaffirms Appellate Power Over Rent and Family Cases
In a significant legal clarification, the Supreme Court of Pakistan has affirmed that it retains appellate jurisdiction over rent and family matters under Article 185(3) of the Constitution. This ruling came in response to an objection raised by the Supreme Court Registrar’s Office regarding the maintainability of a civil petition for leave to appeal.
Background of the Objection
The Registrar’s Office had argued that, following the Twenty-Seventh Constitutional Amendment, rent matters adjudicated by a High Court under Article 199 were no longer appealable to the Supreme Court. Specifically, it contended that Article 175F, particularly clause (1)(c), established the High Court as the final judicial forum in such cases, thereby excluding them from further appellate review.
This position was based on the interpretation that Article 175F, being a later and more specific provision, overrode the general appellate jurisdiction granted to the Supreme Court under Article 185(3). The office maintained that this amendment effectively removed rent and family matters from all appellate forums beyond the High Court.
Court's Legal Analysis and Ruling
In a short order authored by Chief Justice Yahya Afridi, the apex court rejected this view. The court held that Article 185(3) remains a general source of appellate jurisdiction over High Court judgments, subject only to cases that fall within the scope of Article 175F(1).
The court examined whether the exclusion of rent and family matters from Article 175F(1)(c) removed them entirely from the appellate framework. It concluded that, by virtue of the proviso to Article 175F(1)(c), these matters are expressly excluded from the appellate jurisdiction of the Federal Constitutional Court.
Explaining the legal effect of a proviso, the court observed that a true proviso serves to carve out exceptions from the main provision. Applying this principle, the court determined that the proviso to Article 175F(1)(c) operates as such a true proviso, thereby taking rent and family matters out of the scope of that clause.
Implications of the Decision
As a result, the Supreme Court ruled that rent and family matters do not qualify as cases to which Article 175F(1)(c) applies. Consequently, these cases continue to fall within the appellate jurisdiction of the Supreme Court under Article 185(3), subject to the grant of leave.
This clarification ensures that litigants in rent and family disputes retain the right to seek further review by the apex court, upholding access to justice and legal recourse. The decision reinforces the Supreme Court's role as the ultimate arbiter in such matters, balancing constitutional provisions and judicial oversight.
