Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art.199---High Court (Lahore) Rules and Orders, Vol. V, Chap. 1 (Judicial Business), Pt. A, R. 1(a)(ix)---Certificate accompanying a Constitutional petition filed before the High Court---Constitutional petition filed with incorrect certificate, showing it to be a first petition on the matter, whereas earlier petition, against the same issue was dismissed as withdrawn---Held, that words judicial matter used in R. 1(a)(ix) of Part A to Chap. 1 (Judicial Business) of the High Court (Lahore) Rules and Orders (Volume V) meant that any lis or controversy, brought before High Court through petition, application or appeal---Each instance of bringing a controversy or lis before the High Court in any mode, had to be disclosed in the certificate by the petitioner or his counsel on instruction---If petition, application or appeal was filed through a counsel, signing of the certificate was responsibility of the counsel, who was obligated to disclose correct information on instructions or otherwise---Any misstatement would constitute misconduct and would lead to proceeding before the respective Bar Council---High Court observed that it was mindful of referring the matter to Bar Council and to dismiss present petition with costs, however, lenient view was taken; that the counsel for petitioner and through him the legal fraternity was expected to be careful and diligent, while signing the certificate in any matter brought before the High Court---High Court directed that Office shall countercheck that the certificate commensurated with annexures of the petition, was properly worded and duly signed; that if the petition was second, as per certificate, file of the earlier matter be appended with fresh petition, and if earlier matter was pending, the fresh petition be fixed before the Court, where earlier matter was pending---Constitutional petition was dismissed. Hafiz Muhammad Akram v. Mansoor Sarwar Khan, Barrister-at-Law and 3 others 2006 CLC 40; Nabi Bakhsh and 3 others v. The State 2009 PCr.LJ 690; Muhammad Munir v. The State PLD 2017 Pesh. 10 and Nazir Ahmed and another v. The State and others PLD 2014 SC 241 ref. (b) Constitution of…

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