SC says remand cannot be used routinely by appellate courts

ISLAMABAD: The Supreme Court has held that sending cases back to subordinate courts for a fresh hearing is an exceptional corrective power and should not be exercised as a routine matter.

According to a detailed judgment, the court said appellate forums are required to decide disputes themselves when the record is complete instead of prolonging litigation for the parties through remand orders.

The ruling came in a family dispute involving khula, dower, gold jewellery and maintenance of children. The detailed judgment said a two-member bench comprising Chief Justice of Pakistan Yahya Afridi and Justice Shahid Bilal Hassan converted a petition filed by Muhammad Zubair into an appeal and then allowed it.

The report did not provide further details of the underlying dispute, but said the judgment set out the Supreme Court's view that remand jurisdiction is to be used sparingly and only in corrective circumstances.