Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 188-Review-Contention that Court having held that counsel's arguments on questions of law raised questions "of very great import­ance" but having decided not to decide such legal questions led to an error apparent in hence, called for review-Held: Court having decided not to decide such questions due to petitioner having approached High Court with unclean hands and petitioner having no case on merits and discretionary remedy of writ petition being not available in such case, no case made out for review. Begum Nursat Bhutto v. Chief of Army Staff and another, P L D 1977 S C 657 ref. Moran Mar Bassellos Cathollcos and another v. Most Rev. Mar Poulose Athanaslus and others A 1 R 1954 S C 526 distinguished. (b) Constitution of Pakistan (1973)- Art. 199-Principle as to discretionary relief of writ petition being not available to person coming to Court with unclean hands--Held, has no relevance to a suit in civil Courts. ORDER DORAB PATEL, J.-The petitioners in these four review petitions were convicted by the Summary Military Court No. 13, Peshawar under M. L. R. 30 for adulteration of petrol and fined. They challenged their convictions in four separate writ petitions in the Peshawar High Court, and their main contentions before the High Court were that M. L. R. 30 was ultra vires of the powers of the Chief Martial Law Administrator and that the setting up of Military Courts was not justified by the Doctrine of Necessity laid down by this Court in Begum Nusrat Bhutto v. Chief of Army Staff and another (1). As these writ petitions were dismissed by the Peshawar High Court by its judgment dated 4-3-1979, all the petitioners filed petitions for leave in this Court which were heard and dismissed by us on 23-6-1979. Mr. Jahangir had appeared before us on 23-6-1979, and had argued on the law as well as on the facts in support of the petitions. He had repeated before us the legal pleas raised by the petitioners in the Peshawar High Court. He had also argued at length on the facts and submitted that the (1) P L D 1977 S C 657 convictions of the petitioners were illegal, because of the many infirmities listed by him in the…

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