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GOVERNMENT OF WEST PAKISTAN versus BEGUM AGHA ABDUL KARIM SHORISH KASHMIRI


Question about the interpretation of the constitutional provisions of Pakistan Constitution 1962 Article 58 (3) allowed
1968 P Cr. L J 1771

[Supreme Court]

Present: Fazal-e-Akbar, C. J., Muhammad Yaqub Ali, Sajjad Ahmad and Abdul Sattar, JJ

GOVERNMENT OF WEST PAKISTAN-Petitioner

Versus

Begum AGHA ABDUL KARIM SHORISH KASHMIRI-Respondent

Petition for Special Leave to Appeal No, 197 of 1968, decided on 17th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd June 1968. in Criminal Miscellaneous No. 2212 of 1968).

Constitution of Pakistan (1962),

Art. 58(3)---Question of interpretation of constitutional provisions---Leave granted.

A. R. Changez, Senior Advocate Supreme Court (Dilawar Mahmood, Advocate Supreme Court with him) instructed by S. Ijaz Ali, Attorney for Petitioner.

M. Anwar, Senior Advocate Supreme Court (Saeed Akhtar, Advocate Supreme Court with him) instructed by Tanvir Ahmad, Attorney for Respondent.

Date of hearing: 17th June 1968.

ORDER

FAZAL-E-AKBAR, C. J.----

AB the points raised in this petition for special leave to appeal involve interpretation of the constitutional) provisions, we grant leave to appeal as prayed.

The appeal is specially fixed for hearing at Karachi on 9th September 1968. The appellant should take all necessary steps immediately to make the appeal ready. Any papers which the respondent wants to include in the paper book should be filed within a month.

The High Court has fixed 24th June 1968, for hearing of the writ petition and has also directed the Provincial Government to deposit at once a further sum of Rs. 50,000 with this Court (High Court) for disbursement of fees to counsel and for travelling expenses and diet money of witnesses.

We understand that the Government has deposited the said amount in Court.

Hearing of the writ petition as well as the disbursement of the said sum of Rs. 50,000 will be stayed pending disposal of the appeal. We, however, decline to interfere with the High Court's order with regard to the detention of the detenu at the Central Prison, Karachi, till disposal of the writ petition.

Notice of this appeal should go to the Attorney-General of Pakistan and the Advocate-General of East Pakistan.

Leave granted.

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