Law:

Section:

Constitution of Pakistan (1973)--Art.185(3)---Petition for leave to appeal---High Court, in a Constitutional petition, filed by the petitioner, had adjourned the hearing of his Constitutional petition with direction to await result of similar cases pending before the Supreme Court---Contention of the petitioner was that the rule of propriety on which the impugned order was based was not laid down by the Supreme Court, that refusal to exercise jurisdiction by the High Court amounted to refusing "access of justice" which was a guaranteed fundamental right and that Supreme Court could not as a matter of course entertain a Constitutional petition under Art. 184(3) of the Constitution and allow party to bypass the High Court---Validity---Stay of proceedings could not be equated with abdication of jurisdiction, matter being procedural, High Court, was competent to regulate its own procedure and common procedure was that such-like petitions were stayed by the respective High Courts pending disposal of similar matter-, in the Supreme Court. Sardar Farooq Ahmed Khan Leghari v. Federation of Pakistan PLD 1999 SC 57 fol. Ch. Manzoor Elahi v. Federation of Pakistan and others PLD 1975 SC 66 distinguished. Mian Muhammad Nawaz Sharif v. Federation of Pakistan PLD 1993 SC 437; Ch. Manzoor Elahi v. Federation of Pakistan and others PLD 1975 .SC 66; Farough Ahmed Siddiqi v. The Province of Sindh and others 1994 SCMR 2111; Pir Sabir Shah v. Shad Muhammad Khan, Member Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66; Mian Muhammad Shahbaz Sharif v. The State 1997 SCMR 1361; Mian Muhammad Nawaz Sharif v. Federation of Pakistan PLD 1993 SC 473 and Tahafaz Dastoor v. Federation of Pakistan PLD 1998 S C 1263 ref. A.K. Dogar, Advocate Supreme Court and S. Abul Asim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. ' Date of hearing: 28th February, 2000. ORDER IRSHAD HASAN KHAN, C.J.---This petition for leave to appeal by Pakistan Lawyers' Forum has arisen from the order, dated 9-12-1999 passed by a Full Bench of the Lahore High Court whereby the petitioner's writ petition challenging Constitutional validity of the Military take-over on 12-10-1999 was adjourned…

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