Law:

Section:

(a) Constitution of Pakistan (1973)---------Art. 185(3)-Words "final orders" in cl. (1) of Art 185-Word "final" not occurring before the word "order" in cl. (3) of the Article-Question: Whether cl. (3) of Art. 185 can be invoked in cases of all sort of orders whether final or otherwise [Quaere]. (b) Constitution of Pakistan (1973)----- ----Art. 185(3)-Petition for Special Leave to Appeal against an order of High Court wherein only an abstract question of law collaterally arising in case) has been answered but no operative order 3 et passed--­Leave would not be granted-High Court, in appeal under S. 7 of Suppression of Terrorist Activities (Special Courts) Act, 1975, enter­taining application for suspension of sentence pending appeal, holding that "no Court" in second part of subsection (1) of S. 7 of the Act refer to Courts other than High Court and, therefore, power to suspend operation of order pending appeal is ancillary and incidental to exercise of main appellate jurisdiction conferred upon High Court--­No operative order suspending sentence passed by High Court but State feeling aggrieved by the interpretation rushing to Supreme Court seeking Special Leave to Appeal-Held. to allow leave in such circumstances, would encourage piecemeal decisions resulting in multiplicity of proceedings and waste of public time and money--Leave refused. P. S. L. As. Nos. K-24 and K-25 of 1975 Muhammad Suleman, Additional A:-G. (Sind) instructed by M. I. Memon, Advocate-on-Record for the State. Muhammad Hayat Junejo, Senior Advocate Supreme Court for Respon­dent (in P. S. L. A. No. K-25 of 1975). Nemo for Respondent (in P. S. L. A. No. K-24 of 1975). Date of hearing: 3rd June 1975. JUDGMENT MUHAMMAD GUL, J.-These two petitions by the State raise a common question of law as to the interpretation of section 7 and certain other pro­visions of the Suppression of Terrorist Activities (Special Courts) Act, 1975 (Act XV of 1975) and can conveniently be disposed of together. The respondent in each case has been tried under the said Act by the Special Judge, and convicted for one or more of "the scheduled offences" and sentenced to R. I. varying from five to seven years as the case…

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