Case Details

Citation(s)
1998 SLG 626 1998 SLD 626 1998 SCMR 1055
Supreme Court of Pakistan
Civil Miscellaneous Application No.202 of 1993 in Civil Appeal No. 131-K of 1987, decision dated: 12-03-1998
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ

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AHMAD ABDULLAH and 2 others--Applicants

VS

PAKISTAN and 2 others

Law:

Section:

Constitution of Pakistan (1973)--Art. 185---Miscellenous application before Supreme Court in a disposed of matter---Maintainability---Held, since the applicants were not heard when the order was passed by the Supreme Court and the present controversy, as given in the miscellaneous application, involved, inter alia, investigation of certain facts, Supreme Court would not take upon itself to go into the same---Applicant, however, could approach an appropriate forum under law, if same was legally permissible and to agitate the controversy therein. Aitzaz Ahsan, Senior Advocate Supreme Court for Applicants Shahzad Jehangir, Senior Advocate Supreme Court for the Privatization Commission. Fakhruddin G. Ebrahim, Senior Advocate Supreme Court for Respondent No.3 Date of hearing: 12th March, 1998. ORDER This is a miscellaneous application filed in Civil Appeal No. 131-K of 1987, which was disposed of by this Court on 16-11-1992. 2. The brief facts leading to the filing of the above miscellaneous application are that the present petitioners owned a steel mill which was operating under the name and style of "Iron & Steel Ltd." The same was nationalized under President's Orders I and II of 1972 and was re-named as 'Quality Steel Mills Ltd'. It seems that after the decision of the Government to denationalize certain nationalized units, the petitioners filed Constitution Petition No.365 of 1986 in the High Court of Sindh praying therein that the above Mills should be re-transferred to them under President's Order No.XII of 1978. However, the above Constitution Petition was dismissed by a Division Bench of the High Court of Sindh by judgment dated 25-3-1987 in which it was held that in view of the use of the word 'may' in the relevant Article, the petitioners had no vested right to claim the retransfer. Thereupon, petition for leave to appeal against the above judgment was filed in this Court, which was converted into appeal (C. A. No. 131-K of 1987) and was disposed of by judgment date 16-11-1992. It may be pertinent to mention that after the above judgment of the High Court, Article 4 of President's Order NO.XlI of 1978 was amended by Act XXII of 1991 in which in place…
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