Mandate of Article 189 of the Constitutions of Islamic Republic of Pakistan, 1973

The aforesaid Article of the Constitution came under discussion before the Honorable Supreme Court of Pakistan in the case reported as lfiikharul Haq vs. District Canal Officer and others (2005 CLC 1740) wherein it has been held as under:-

''7. The judgments and decrees or both the Courts below are not only violative of the provisions of law as contained in order Vll, rule 11, B C.P.C. but also in clear disregard to the law declared by the Honorable Supreme Court of Pakistan in Jewan and 7 others v. Federation of Pakistan through Secretary, Revenue, Islamabad and 2 others 1994 SCMR 826, referred to above, which to me amounts to contempt of Court, because it is the mandate of Article 189 of the Constitutions of Islamic Republic of Pakistan, 1973 that decisions of the Honorable Supreme Court of Pakistan are binding on all the . Courts in Pakistan, so far as such decisions decide a question of law 1(t. or enunciate a principle of law. The judgment of the Honorable Supreme Court cited above since constitutes a law in terms of Article 189 of the Constitution of Islamic Republic of Pakistan, 1973, hence binding on all the Courts in terms of said Article."

Used in Judgment of
Lahore High Court
Civil Revision
83-12