| Citation(s) |
|---|
| 1975 SLG 3179 = 1975 SLD 3179 = 1975 PLD 463 |
Supreme Court of Pakistan
Civil Miscellaneous No. 82-R of 1975 in Reference No. 1 of 1975 filed by United Democratic Front, in case entitled as above, decided on 15th July 1975. (In the matter of impleading U. D. F., a party in the Reference).
Presented By: Hamoodur Rahman, C. J., Muhammad Yaqoob Ali, Salahuddin Ahmed, Anwarul Haq, Muhammad Gul and Muhammad Afzal Cheema, JJ
Yahya Bakhtiar, Attorney-General for Pakistan instructed by Kh. Mushtaq Ahmad, Advocate-on-Record for Applicant. Nemo for
Respondent. Ijaz Hussain Batalvi, Senior Advocate Supreme Court of Pakistan instructed by M. A. Rahman, Advocate-on-Record for United Democratic Front.
Civil Miscellaneous No. 82-R of 1975 in Reference No. 1 of 1975 filed by United Democratic Front, in case entitled as above, decided on 15th July 1975. (In the matter of impleading U. D. F., a party in the Reference).
Presented By: Hamoodur Rahman, C. J., Muhammad Yaqoob Ali, Salahuddin Ahmed, Anwarul Haq, Muhammad Gul and Muhammad Afzal Cheema, JJ
Yahya Bakhtiar, Attorney-General for Pakistan instructed by Kh. Mushtaq Ahmad, Advocate-on-Record for Applicant. Nemo for
Respondent. Ijaz Hussain Batalvi, Senior Advocate Supreme Court of Pakistan instructed by M. A. Rahman, Advocate-on-Record for United Democratic Front.
ISLAMIC REPUBLIC OF PAKISTAN-Applicant
VERSUS
ABDUL WALI KHAN-Respondent
Law: Political Parties Act, 1962
Section: 6
Law: Supreme Court Rules, 1956
Section: O. XLIX, r. 6
Law: Constitution of Pakistan, 1973
Section: 187
Law: Civil Procedure Code (V of 1908)
Section: O. I, r. 10 (2)
(a) Political Parties Act (III of 1962) S. 6--Ban on political party-Reference to Supreme Court-Political party banned, Gazette notification issued, case heard on different dates, leader of banned party (under detention) brought before Court at his own request but withdrawing powers of his counsel, himself addressing Court, and staging dramatic walk-out-Most of leaders of applicant party claiming to be a united party comprising banned party attending Court and application also filed by an associate party of banned party requesting for being impleaded as party but nothing being contem plated against such party application rejected-Subsequent application by applicant united party for being impleaded as party on ground of being able to throw light on subject-matter of proceedings (banned party being closely and actively associated with applicant party), and to explain certain matters which, if unexplained, may "tarnish" image of applicant party as a whole and "ground may be paved to be taken against them all under the Political Parties Act"-Daily proceedings of case being given wide publicity in press, leaders of applicant party having been actually present in Court from time to time in earlier stages of proceedings, applicant party being in know of nature of allegations contained in Reference, applicant's counsel also possessing first volume of documents filed by Referring Authority, applicant, held, cannot plead ignorance of proceedings in circumstances and applicant's apprehension, if at all existing, dawned rather late. (b) Supreme Court Rules, 1956 O. XLIX, r. 6 read with Constitution of Pakistan (1973), Art. 187 --Power to do complete justice-Impleading of parties-Proper party --Meaning: party whose presence before Court necessary to enable Court to effectively and completely adjudicate upon and settle all questions involved so as to prevent multiplicity of proceedings --Proper party must be one whose interest is likely to be affected even though no relief claimed against him-Persons having no interest likely to be affected by proceedings, persons only generally interested in common with others, or persons whose…