Supreme Court not a fact-finding forum: CJP Afridi
Pakistan
Top judge's remarks come during a hearing related to the payment of maintenance
KARACHI (Dunya News) - Chief Justice of Pakistan Justice Yahya Afridi on Monday remarked that the Supreme Court is not a forum for fact-finding and will only consider matters involving violations of law.
The remarks came during a hearing at the Supreme Court's Karachi registry, where a bench headed by Chief Justice Yahya Afridi was hearing multiple appeals related to the payment of maintenance (nafqah).
During the proceedings, the Chief Justice stated that cases requiring factual investigations should not come before the Supreme Court. “Fact-finding is not the role of this court. We are here to examine only breaches of law,” he emphasised.
He further clarified that factual issues regarding maintenance should be resolved in family courts. “Even the high courts should refrain from delving into factual disputes,” he remarked.
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The counsel for one of the petitioners argued that his client was willing to pay maintenance following separation.
However, Chief Justice Afridi pointed out that the petitioner had not paid any maintenance since 2022.
“You haven’t given a single rupee to your children in three years,” he observed.
Justice Shafi Siddiqui also addressed the petitioner’s lawyer, noting that the arguments being made required a review of the case record, which falls within the jurisdiction of the lower courts.
