Case Details

Citation(s)
2003 SLG 3421 2003 SLD 3421 2003 PLD 126
Supreme Court of Pakistan
Criminal Review Petition No. 29 of 2002 in Criminal Appeal No. 591 of 2000, decided on 18th November, 2002.
JAVED IQBAL, KHALIL-UR-REHMAN RAMDAY, AND KARAMAT NAZIR BHANDARI, JJ
Muhammad Aslam Nagi, Advocate Supreme Court for Petitioner. Asghar Ali Chaudhry, Advocate Supreme Court for the
Respondent/Complainant.

MUKHTAR AHMAD

VS

THE STATE

Law:

Section:

(a) Supreme Court Rules, 1980--- ----O. XXVI, R. 6---Constitution of Pakistan (1973), Art.188---Review petition---Maintainability---No plausible justification could be put forth for the absence of the Advocate who had argued the appeal of which was under review---Advocate who had entered appearance for the first time in the case could not be allowed to argue the review petition in view of the provisions as contained in O.XXVI, R.6 of the Supreme Court Rules, 1980---Advocate who did not appear at the hearing of the appeal could not appear in the review petition as of right---No case was made .out to dispense with the requirements as enunciated in the said provisions of the Supreme Court Rules, 1980---Review petition was dismissed accordingly. Yousaf Ali Khan v. The State (1972) 1 PSCR 103; Yousaf Ali Khan v. The State PLD 1971 SC 508; Abdul Majeed v. Chief Settlement Commissioner 1980 SCMR 504; Ghulam Rasul v. Settlement and Rehabilitation Commissioner 1980 SCMR 962; Sh. Anwarul Haq v. Mst. Surayya Parveen 1971 SCMR 171 and Mushtaq Ahmed alias Mushtaq Hussain and others v. Hakim Bibi and others 1971 SCMR 235 ref. (b) Supreme Court Rules, 1980--- ----O. XXVI, R.6---Constitution of Pakistan (1973), Art.188---Review of s or orders by Supreme Court---An Advocate who did not appear at the hearing of the appeal could not appear in the review petition as of right. Yousaf Ali Khan v. The State ((1972) 1 PSCR 103; Yousaf Ali Khan v. The State PLD 1971 SC 508; Abdul Majeed v. Chief Settlement Commissioner 1980 SCMR 504 and Ghulam Rasul v. Settlement anti Rehabilitation Commissioner 1980 SCMR 962 ref. ORDER JAVED IQBAL, J.---it is an admitted fact-that the criminal appeal bearing No.591 of 2000 judgment whereof has been assailed by means of this review petition was argued by Raja Muhammad Anwar, learned Senior Advocate Supreme Court. No plausible justification could be put forth for A his absence. Mr. Muhammad Aslam Nagi, learned Advocate Supreme Court entered appearance for the first time in this case and as such cannot be, allowed to argue this review petition in view of the provisions as contained in Order XXVI, rule 6 of the Supreme Court Rules, 1980, which makes it…
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