| Citation(s) |
|---|
| 2008 SLG 1914 2008 SLD 1914 2008 SCMR 1694 |
Supreme Court of Pakistan
Civil Petition No.654 of 2008 and C.M.A. No.1474 of 2008 along with C.M.As. Nos.1495 and 1496 of 2008, decision dated: 12-06-2008.
MUHAMMAD MOOSA K. LEGHARI, SHEIKH HAKIM ALI AND MUHAMMAD FARRUKH MAHMUD, JJ
Sahibzada Ahmad Raza Khan Qasuri, Senior Advocate Supreme Court along with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Malik Muhammad Qayyum, Attorney-General for Pakistan along with Raja Abdul Rehman, D.A.G. and Syed Sher Afgan, Deputy Secretary,
Civil Petition No.654 of 2008 and C.M.A. No.1474 of 2008 along with C.M.As. Nos.1495 and 1496 of 2008, decision dated: 12-06-2008.
MUHAMMAD MOOSA K. LEGHARI, SHEIKH HAKIM ALI AND MUHAMMAD FARRUKH MAHMUD, JJ
Sahibzada Ahmad Raza Khan Qasuri, Senior Advocate Supreme Court along with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Malik Muhammad Qayyum, Attorney-General for Pakistan along with Raja Abdul Rehman, D.A.G. and Syed Sher Afgan, Deputy Secretary,
Syed KHURRAM SHAH
VS
Mian MUHAMMAD SHAHBAZ SHARIF and others
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 185(3)---Supreme Court Rules, 1980, O.V, R.2(2), O.XXXIII, R.6 & O.XIII---Petition for leave to appeal-Full Bench of High Court, was seized of the impugned matter, interference in a pending matter by Supreme Court at an initial/interlocutory stage, except in extraordinary or highly exceptional circumstances has to be avoided so as to adhere to the consistent and long standing practice of Supreme Court as well as the principles of propriety---Supreme Court, in circumstances, refrained from making indulgence of any sort in the pending lis, or for that matter, to make any observations upon the contentions put forth, lest it may convey an impression of, either prejudicing the parties or pre-empting the decision of the High Court. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal---Petitioner seeking direction for expeditious disposal of constitutional petition pending before the High Court---Supreme Court directed the High Court for expeditious disposal of the petition and emphasized that a High Court looking to the facts of a case of which it is seized, should not hesitate in exercising its jurisdiction by passing justifiably reasonable interim orders, if so warranted in the circumstances as per established principles of law; if however, passing of interim orders at the relevant moment without notice was not possible on account of lack of judicious propriety, date for notice to opposite party must not be unreasonably long. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.--- The instant petition, for leave to appeal, under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 is directed against the order dated 5-6-2008 for failure of the Lahore High Court, Lahore, to grant interim relief to the petitioner in Civil Miscellaneous Application No.2 of 2008 in Writ Petition No.6470 of 2008. 2. Precisely stated, facts relevant for the disposal of this petition are that the respondent No.1 being desirous of contesting the bye-election from PP-48 Bhakkar-II filed his nomination papers for the said constituency. The candidature of respondent No.1 was objected to by the…
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