Law:

Section:

Constitution of Pakistan (1973) ----Art. 188 and Supreme Court Rules, 1980, O. XXVI Review Con¬tention that Advocate on Record having not informed Advocate of petitioner as to date fixed for hearing of appeal and as such points on which petition for leave to appeal earlier granted could not be agitated and prejudice caused to petitioner's case Advocate on Record stating to have informed Advocate of petitioner with regard to date of hearing of appeal but he being busy in Session of Majlis e Shoora at capital city could not appear Advocate on-¬Record, however, stating to have prepared case and could argue-¬Court allowing him to do so, Advocate on Record arguing case and delivered after considering all points urged Held, Respon¬sibility rests with counsel for appellants in such cases to be present for representing their clients and should give preference to such duty over any other work they might have in hand at such particular time ¬Review petition being not competent dismissed in circumstances.¬[Review by Supreme Court]. ORDER MIAN BURHANUDDIN KHAN, J. This is a petition for review of the judgment delivered by this Court on 21 6 1982 in Criminal Appeal No. 35 P of 1982. 2. The above noted Criminal Appeal of Faqir Hussain, the condemned prisoner and the connected Criminal Appeal No. 36 P of 1979 (Mst. Fatima v. Fagir Hussain and others) came up for hearing before this Court at Peshawar Circuit. Appeal No. 36 P of 1979 against the acquittal order in favour of Jamilur Rahman, co accused of the petitioner, was dismissed and judgment of the learned High Court, Peshawar dated 4 7 1979 was maintained; while Criminal Appeal filed by the petitioner against his death sentence was dismissed. 3. The learned counsel for the petitioner contended that the appeal came up for hearing on 20 6 1982 and the Advocate of the petitioner was not informed of the fixation of appeal by Mr. Nur Ahmed Khan, Advocate on Record. Therefore, the points on which petition for leave to appeal was granted by this Court could not be agitated by the learned Advocate on Record, and this has caused prejudice to the case of petitioner as his case was not properly presented by the counsel of his choice.…

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