Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O.XLVI,R.6

Azad Jammu and Kashmir Supreme Court Rules, 1978--- ----O. XLVI, R. 6---Review---Filing of review petition without special leave of court by advocate other than the one who argued the appeal---Scope---Petitioner filed review petition which was drawn by counsel other than the one who appeared in the appeal---Plea of counsel for petitioner was that he had filed application seeking permission to draw the review petition and that he had been engaged with the counsel who argued the appeal---Validity---At the time of hearing the appeal, the counsel representing the petitioner had not appeared and argued---No review petition could be drawn by any advocate other than the advocate who appeared at the time of hearing of the case in which the or order, sought to be reviewed was made---Counsel for petitioner had drawn the application, after the office had reported the defect in the review petition just to cover up the legal requirement---Review petition, being not maintainable, was dismissed. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.---- The captioned review petition has been filed for review of the judgment of this Court dated 15.11.2018, whereby the appeal filed by the petitioner, herein, has been dismissed. 2. The brief facts forming the background of the case are that vide judgment dated 07.03.2007, the brother of the petitioner, herein, namely, Arshed Mehboob, was convicted and awarded death sentence as Qisas under section 302(a), A.P.C. by the Additional District Court of Criminal Jurisdiction, Rawalakot. The judgment of the trial Court remained intact up to this Court. Thereafter, the Superintendent Central Prison, Mirpur, wrote a letter to the Additional District Court of Criminal Jurisdiction, Rawalakot, on 05.12.2007, for issuance of black warrants in order to execute the death sentence. It was alleged by the petitioner that he, along with other relatives went to meet Arshad Mehboob, convict-prisoner, whereupon, it revealed that due to long incarceration and hardships of prison, he has become completely insane and lunatic. He was even unable to identify the petitioner and other relatives. In this situation, he along with other relatives moved an…

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