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ASGHAR versus STATE


Future of the Constitution of Pakistan (1962), Article 63 Appeal to Reject Special Leave Request for Appeal

1971 S C M R 703

Present : Muhammad Yaqub Ali, Sajjad Ahmad and Waheeduddin Ahmad, JJ

ASGHAR‑Petitioner

versus

THE STATE‑Respondent

Review Petition . No. 2 of 1970, decided on 19th October A 1971.

(On review from the order of the Supreme Court, dated the 27th May 1970, in Criminal Petition for Special Leave to Appeal No. 111 of 1970).

Constitution of Pakistan (1962),

Art. 63‑Review of order dismissing petition for special leave to appeal‑No error disclosed in impugned judgment nor apparent on face of record‑Petition, held, patently frivolous‑Counsel directed to take care not to, file such review petitions in future.

Muhammad Ishaq Faruqi, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing : 19th October 1971.

JUDGEMENT

SAJJAD AHMAD, J.‑

This is a petition far review of our order dated the 27th of May 1970, whereby we had dismissed the petitioner's criminal petition for Special Leave to Appeal No. 111 of 1970. The point urged by the learned counsel for the petitioner in support of the review petition is that all the Courts, including this Court, have misjudged the plea of the petitioner as of self-defence, which was really that of grave and sudden provocation. This is entirely a misconceived contention, which has been Imaginatively introduced by the learned counsel for the first time, and seems never to have been in the contemplation of the petitioner himself.

No error is disclosed in the impugned judgment, muchless any error apparent on the face of the record. This is patently al frivolous petition, and the learned counsel should take care not to file such review petitions in future. The petition is dismissed.

Petition dismissed

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