Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3) --- Interlocutory order --- Petition for leave to appeal--­Maintainability --- Orders at the interlocutory stages should not be brought to the higher Courts to obtain fragmentary decisions, as it tends to harm the advancement of fair play and justice, curtailing remedies available under the law, even reducing the right of appeal. Mushtaq Hussain Bokhari v. The State 1991 SCMR 2136 ref. (b) Constitution of Pakistan (1973)--- ---- Arts. 187(l) & 185(3)---Petition for leave to appeal --- Ehtesab Bench while disposing of the main Ehtesab Reference was to pass appropriate orders in accordance with law on the basis of properly admitted evidence---Mere fact of the Ehtesab Bench having passed an interlocutory order about the documents in question being admissible, did not render it powerless to vary the same, if dictates of justice so demanded --- Supreme Court, having regard to the exceptional circumstances of the case and to avoid protracted litigation between the parties, the Ehtesab Bench to reconsider the pleas raised by the petitioner after providing an adequate opportunity of being heard to the parties and through a speaking order in accordance with law before recording the final verdict in the Reference pending before it --- Petition for leave to appeal was converted into an appeal and disposed of accordingly. Muhammad Usman v. Lai Muhammad PLD 1975 Kar. 352; Mehboob Ali v. Mst. Sharifan Bibi 1991 CLC 1201; Mehtab Din v. Kasar Singh AIR 1928 Lah. 620; Mushtaq Hussain Bokhari v. The State 1991 SCMR- 2136 and Robert Cameron Chamarette v. Mrs. Phyllis Ethel Chamarette AIR 1937 Lah. l76 ref. JUDGMENT IRSHAD HASAN KHAN, J.---This petition, under Article 185 (3) of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution), is directed against the interlocutory order, passed by the learned Ehtesab Bench, Lahore in Ehtesab Reference No.26 of 1998. 2. The petitioner is former Prime Minister of Pakistan. She is presently Leader of the Opposition in the National Assembly. Her husband Mr. Asif Ali Zardari is a Senator from the Province of Sindh. She is being tried under the…

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