| Citation(s) |
|---|
| 2014 SLG 133 2014 SLD 133 2014 SCMR 320 |
Supreme Court of Pakistan
Civil Petition No.1644 of 2013, decision dated: 6-11-2013.(On appeal from order dated 6-9-2013 of the Islamabad High Court, passed in W.P. No.3275 of 2013)
IFTIKHAR MUHAMMAD CHAUDHRY, CJ, JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ
Anwar Kamal, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner. Dr. Parvez Hassan, Senior Advocate Supreme Court and Sardar Iqbal Shahid, Advocate Supreme Court for
Respondents. Hafiz S. A. Rahman, Senior Advocate Supreme Court an
Civil Petition No.1644 of 2013, decision dated: 6-11-2013.(On appeal from order dated 6-9-2013 of the Islamabad High Court, passed in W.P. No.3275 of 2013)
IFTIKHAR MUHAMMAD CHAUDHRY, CJ, JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ
Anwar Kamal, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner. Dr. Parvez Hassan, Senior Advocate Supreme Court and Sardar Iqbal Shahid, Advocate Supreme Court for
Respondents. Hafiz S. A. Rahman, Senior Advocate Supreme Court an
ASAD I. A. KHAN
VS
FEDERATION OF PAKISTAN and others
Law: Constitution of Pakistan, 1973
Section: 199,185(3)
Constitution of Pakistan--- ----Arts. 199 & 185(3)---Interim relief by High Court in a constitutional petition filed under Art. 199 of the Constitution---Scope---Petitioner instituted a constitutional petition before the High Court challenging appointment of Managing Director, NESPAK along with an application for interim relief with the prayer that notification of appointment of Managing Director in question may be suspended till decision of the constitutional petition---High Court refused to grant interim relief to the petitioner on the principle that relief sought was leaning towards a final assessment, therefore such relief should not be granted---Validity---Adjudication on merits by the High Court, in the present case, would have necessarily led to decision of the constitutional petition pending before it, which was not the object of the law---No interference was called for in the impugned order of High Court---Petition for leave to appeal was dismissed, in circumstances. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition for leave to appeal is directed against order dated 6-9-2013 of the Islamabad High Court, Islamabad, whereby writ petition filed by the petitioner has been partly allowed. 2. It is to be noted that the petitioner instituted a writ petition challenging the appointment of Amjad Ali Khan, respondent No.5, as Managing Director, NESPAK, along with the application for interim relief with the following prayer:-- "It is respectfully prayed that the operation of…
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