| Citation(s) |
|---|
| 2014 SLG 2601 2014 SLD 2601 2014 PLD 585 |
Supreme Court of Pakistan
Civil Review Petitions Nos. 328 and 329 of 2013 inConstitutional Petitions Nos. 8 and 9 of 2009.
TASSADUQ HUSSAIN, JILLANI, C.J., NASIR-UL-MULK, JAWWAD S. KHAWAJA, ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN, MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, SARMAD, JALAL OSMANY, AMIR HANI MUSLIM, IJAZ AHMED CHAUDHRY, GULZAR AHMED. SH. AZMAT SAEED, IQBAL HAMEED
Syed Sharif ud Din Pirzada, Senior Advocate Supreme Court, assisted by Ch Faisal Hussain, Advocate, Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court, assisted by Shazia Yasin, Advocate and Osman Ibrahim, Advocate, Dr. Khalid Ranjha, Senior Advoc
Civil Review Petitions Nos. 328 and 329 of 2013 inConstitutional Petitions Nos. 8 and 9 of 2009.
TASSADUQ HUSSAIN, JILLANI, C.J., NASIR-UL-MULK, JAWWAD S. KHAWAJA, ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN, MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, SARMAD, JALAL OSMANY, AMIR HANI MUSLIM, IJAZ AHMED CHAUDHRY, GULZAR AHMED. SH. AZMAT SAEED, IQBAL HAMEED
Syed Sharif ud Din Pirzada, Senior Advocate Supreme Court, assisted by Ch Faisal Hussain, Advocate, Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court, assisted by Shazia Yasin, Advocate and Osman Ibrahim, Advocate, Dr. Khalid Ranjha, Senior Advoc
Gen. (R.) PARVEZ MUSHARRAFvsNADEEM AHMED (ADVOCATE) and another
Law:
Section:
(a) Proclamation of Emergency dated 3-11-2007- ----Provisional Constitution Order [1 of 2007], Preamble---Oath of Office (Judges) Order, 2007, Preamble---Constitution of Pakistan, Art.188---Limitation Act (IX of 1908), Ss. 3 & 5---Review of Supreme Court ---Limitation---Review petition barred by time--- Contumacious conduct of petitioner---Effect---Petitioner filed present review petition seeking review of of the Supreme Court titled Sindh High Court Bar Association v. Federation of Pakistan (PLD 2009 SC 789)--- Review petition was barred by 1576 days---Petitioner sought condonation of delay in filing present review petition on the grounds that after resigning from office of President he left for abroad as he was having security threats to his life and he was not in a position to come to Pakistan and file the review petition; that the Chief Justice of the Supreme Court at that time, who presided over the Bench (which delivered the under review) had personal enmity, bias and grudge against him, thus he did not expect any justice as long as the said former Chief Justice was in office; that after superannuation of said former Chief Justice of the Supreme Court present review petition had been filed without any delay, and as such the delay caused in filing of the review petition was beyond the control of the petitioner---Validity---Grounds pressed by petitioner for condonation of delay were not sufficient because, first he could have appeared during hearing of the case under review and asked that Chief Justice of the Supreme Court at that time, against whom bias was alleged, should not hear the case; second even after the pronouncement of the under review he could file review petition and could have requested the Court that the then Chief Justice who presided over the Bench should not hear the review petition and may recuse himself; and third in the under consideration despite the finding that the imposition of State of Emergency by the petitioner (Chief of Army Staff) was unconstitutional and void, the Court did not direct the trial of the petitioner under Art. 6 of the Constitution; if there was bias there could have been directions to such effect; and fourth…
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