ISLAMABAD (Dunya News) – The Supreme Court has ruled that the mere pendency of an appeal, review, or constitutional petition does not suspend the execution of a suo motu challenged decision. Halting implementation on the basis of a pending appeal amounts to contempt of court.
The judgment, authored by Chief Justice Yahya Afridi, spans four pages and was delivered by a three-member bench led by him.
The case stemmed from a 2010 land dispute in Bahawalpur. In 2015, the Bahawalpur bench of the Lahore High Court remanded the matter to revenue authorities with directions to decide the case afresh under the law.
Despite the passage of a decade, the Deputy Land Commissioner Bahawalpur failed to issue a decision. There was a 10-year delay in complying with the High Court’s remand order. Revenue authorities neglected to implement the court's directives, and the Advocate General of Punjab acknowledged that there was no stay order from any court preventing execution of the decision.
Chief Justice Afridi emphasised that treating remand orders as optional is unconstitutional. A pending appeal or review does not suspend the effect of a decision; such conduct amounts to contempt of court. Delaying implementation based solely on an unresolved case is unacceptable.
The court directed the Chief Land Commissioner to issue policy guidelines and monitor all remand cases. Following his assurance to the court, the petitions were disposed of as ineffective.
The apex court has further ordered a detailed report on all remand cases to be submitted to the Registrar within three months. It has also directed all concerned authorities to implement remand orders without delay, warning that future negligence or delay will not be tolerated.