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PLD 2022 SC 119

PLD 2022 SC 119
Constitution of Pakistan, Art. 188—Split decision of Supreme Court in its review jurisdiction—Majority and minority judgments—Scope—In case of a split decision (where there is dissent by one or more members of the Bench), the majority judgment is the judgment of the Supreme Court in terms of Art. 188 of the Constitution—While the majority and minority views of the judgment become part of the jurisprudence, to be read, analyzed and applied in future, it is the majority view, at the time, that attains the status of the judgment of the Court —Judgment of the Court is characterized as the judgment of the entire Bench, rather than of the majority Judges—Entire Bench means the full numeric strength of the Bench, including the dissenting Judges—For instance, if a case is decided by a 4-3 majority of a 7 member Bench, the judgment of the majority of 4 members, which becomes the judgment of the Court , is considered to be the judgment of a 7 member Bench of the Court , and not of a 4 member Bench