Law: Constitution of Pakistan, 1973

Section: 188

Law: Supreme Court Rules, 1956

Section: O. XXVI

Constitution of Pakistan (1973) Art. 188-Review -Case alleged to have been disposed of for non prosecution when counsel of petitioner seriously ill and such fact brought to notice of Deputy Registrar with a request for adjournment of hearing-No information with Registry regarding inability of petitioner or his counsel or even Advocate-on-Record to attend case furnished nor contents of conversation with Deputy Registrar and clerk of counsel made available Nothing to show as to what prevented Advocate-on-Record and petitioner himself in moving Court in time for adjournment of case-Matter having been disposed of on merits, recall of order declined, in circumstances Supreme Court Rules, 1956, O. XXVI.-[Review] Date of hearing : 23rd December, 1979. . .                                                                                                               ORDER ANWARUL HAQ, C. J.:-This is a miscellaneous application on behalf of the appellant Tasadaq Hussain for recalling the judgment of this Court dated the 4th of December, 1979, in Criminal Appeal No. 94 of 1975. The applicant had challenged therein a revisional order made by the Lahore High Court on the 24th of November, 1975 by which he was ordered to be retried for offences falling under sections 409 and 420 of the Pakistan Penal Code. When the matter was taken up by us on the 4th of December, 1979, we found that the appellant as well as his counsel were absent, whereas Mr. Riaz Ahmad, Assistant Advocate-General, Punjab, assisted by Mr. Muhammad Aslam Uns, was present for: the State. We, accordingly, decided to treat the matter as a jail appeal and proceeded to dispose it of on merits. In the application under consideration it is stated-by Mr. S: M Anwar, Advocate, who was to appear for the appellant, that he was…