Scope of Constitutional Writ Jurisdiction (Article 199) in Appraising Family Court Evidence

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2026 S C M R 494

No, the High Court cannot re-appraise evidence or substitute its own opinion for that of the appellate court when exercising writ jurisdiction under Article 199. This was recently reaffirmed by the Supreme Court of Pakistan in 2026 SCMR 494 (Shafqat Ali v. Mst. Zaib un Nisa). The Court held that the constitutional courts exercise only limited supervisory jurisdiction. Once a matter has been adjudicated on facts by the trial and the appellate courts, the constitutional courts must respect the finality of the appellate findings. Doing so is essential for achieving closure, preventing vexatious litigation, and upholding the legislature's intent.