FCCP Rules Out Second Review Petition After First Review Is Decided
FCCP (Federal Constitutional Court of Pakistan) has held that:
- A second review petition cannot be filed in the same matter after a final decision on the first review petition.
- A request styled as “recall” or “restoration” cannot be used to seek reconsideration of a judicial decision if it requires reconsidering the reasoning or outcome.
Background:
This case involves a dispute related to pension entitlements for employees of Oil and Gas Development Company Limited (OGDCL). The matter originated from a judgment by the Islamabad High Court in 2022, which was later appealed to the Supreme Court. In 2025, the Supreme Court ruled in favor of the private respondent, granting them additional pension benefits.
Proceedings:
- OGDCL filed a review petition, which was transferred to FCCP after the 27th Constitutional Amendment.
- In May 2026, FCCP dismissed the review petition as infructuous due to OGDCL’s payment of dues and compliance with court orders.
- OGDCL subsequently applied for recall of that order and restoration of the review petition, arguing procedural defects and non-compliance.
FCCP's Decision:
- The Court rejected OGDCL's arguments, stating that their application amounted to a second review petition as it challenged a previous judicial finding.
- They also dismissed the argument regarding absence of counsel as an independent procedural defect, emphasizing that the company’s Advocate-on-Record was present during proceedings.
Key Points:
- Order 27, Rule 8: Prohibits second review petitions after final disposal of the first.
- Order 10, Rule 2: Limits alterations or additions to a judgment to correcting clerical or arithmetical mistakes only.