| Citation(s) |
|---|
| 1989 SLG 2062 1989 SLD 2062 1989 SCMR 2069 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 583-R of 1989, heard on 24-10-1989.(From the judgment of the Lahore High Court, Lahore, dated 21-12-1988, passed in Writ Petition No. 5819 of 1988 reported as 1989 C L C 139)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, ABDUL KADIR SHAIKH, SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, GHULAM MUJADDID, SAAD SAOOD, JAN, USMAN ALI SHAH ALI HUSSAIN QAZILBASH AND NAIMUDDIN, JJ
Yahya Bakhtiar, Attorney General for Pakistan and Ch. FazaliHussain, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Leave to Appeal No. 583-R of 1989, heard on 24-10-1989.(From the judgment of the Lahore High Court, Lahore, dated 21-12-1988, passed in Writ Petition No. 5819 of 1988 reported as 1989 C L C 139)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, ABDUL KADIR SHAIKH, SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, GHULAM MUJADDID, SAAD SAOOD, JAN, USMAN ALI SHAH ALI HUSSAIN QAZILBASH AND NAIMUDDIN, JJ
Yahya Bakhtiar, Attorney General for Pakistan and Ch. FazaliHussain, Advocate-on-Record for Petitioner. Nemo for
Respondents.
FEDERAL GOVERNMENT OF PAKISTAN through the Secretary, Ministry of Law, Justice and Parliamentary Affairs, IslamabaD
VS
M. D. TAHIR, ADVOCATE and 12 others
Law:
Section:
Constitution of Pakistan (1973)---Arts.193, 48 & 185(3)--Civil Procedure Code (V of 1908), OXXVII-A, R.1-Petition for leave to appeal--High Court found that in any case Prime Minister did not find mention in Art.193, Constitution of Pakistan (1973) amongst the persons, after consultation with whom the President was required to appoint Judges--Petition for leave to appeal against such finding of High Court was barred by 257 days--Delay, condonation of--Attorney-General explained the delay by stating that mandatory notice required to be served on the Attorney-General for Pakistan under O.XXVII-A, R.1, C.P.C., in such a case, at no stage was served and decision of case was given without notice to the Government and impugned decision had come to the notice of the Government at a very late stage and that too through the newspapers, thus the delay was fully explained-Questions raised in the petition being of public importance and related to the interpretation of the Constitution and concerned the functioning of the parliamentary democracy in the country, Supreme Court, subject to all just exceptions, condoned the delay and granted leave to appeal. Per Nasim Hasan Shah, J.- "That questions of public importance relating to the interpretation of the Constitution are raised in this petition which need consideration. However, I am not sure whether this petition which seeks leave to appeal against the of the Lahore High Court dated 21-12-1988 is competent. According to the petitioner he is only aggrieved with the interpretation placed in the upon the provisions of the Constitution and the findings recorded therein but not with the ultimate conclusion of the Court. flow such inconsistent pleas can coexist is not easy to comprehend. Anyhow, this aspect of the matter can also be considered at the hearing of the appeal." Ch. Manzoor Elahi v. Federation of Pakistan etc. P L D 1975 S C 66 and Haji Saifullah's case P L D 1989 S C 166 ref. ORDER SHAFIUR RAHMAN, J.--This petition by the Federal Government seeking leave to appeal against the judgment of the Lahore High Court dated 21-12-1988 is shown to be barred by 257 days. Mr. Yahya Bakhtiar, the learned Attorney-General…
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