Law: Constitution of Pakistan, 1962

Section: 58(3),58

Special Leave to Appeal to Supreme Court---------Refused where further remedy was still available by way of appeal from order passed by Single Judge to Division Bench-Grant of special leave within discretion of Supreme Court-Constitution of Pakistan (1962), Art. 58(3)-[Malik Feroze Khan Noon v. The State P L D 1958 S C (Pak.) 333 distinguished.] JUDGMENT S. A. RAHMAN, J.-By this petition Dauran Khan seeks special leave to appeal from an order passed by a learned Single Judge of the High Court of West Pakistan, Karachi Bench. The office has raised the question whether this petition should be registered in view of the fact that under the Letters Patent of the High Court an appeal to a Division Bench from the Single Judge's order would be competent. We have heard learned counsel for the petitioner, Dr. Nasim Hasan Shah. He has attempted to argue that Article 58 (3) of the Constitution imposes no legal bar to the grant of special leave to appeal in such a case even though the remedy of an appeal under the Letters Patent has not been availed of. The important consideration, however, is whether this Court should grant special leave to appeal when its effect would be to practically destroy the jurisdiction possessed by the High Court under the Letters Patent. Dr. Nasim Hasan Shah relies on a decision of this Court in Malik Feroze Khan Noon v. The State (P L D 1958 S C (Pak.) 333), for the proposition that the Supreme Court can grant leave to appeal…

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