Find a Lawyer

Criminal Review Petition No. 3 of 1972 in Petition for Special Leave to

Appeal No. 262 of 1971, decided on 2nd November, 1972.

(On review from the judgment and order of the Supreme Court of Pakistan, dated the 4th April, 19 /2, in Petition No. 262 of 1971).

--Art. 188 read with Supreme Court Rules 1956, O, XXVI, r. 5 Review by Supreme Court-Petition drawn by Advocate S and not drawn by Advocate K who conducted leave petition-Advocate K also not present at hearing-Review petition, held, filed against rules and liable to be dismissed.

Malik Saeed Hassan, Advocate Supreme Court instructed by Sheikh Abdul Karim, Advocate-on-Record for Petitioner.

Nemo for the State.

Date of hearing : 2nd November, 1972.

.-This is a review .petition against the order of this Court in Criminal Petition for Special Leave to appeal No. 262 of 1971, dated the 4th April, 1972. The petition was dismissed.

It appears from the record that Mr. K. H. Khurshid argued the above petition and under the rules except with the special leave of the Court, no' application can be drawn by any Advocate other than the Advocate who appeared at the hearing of the case in which the judgment or order, sought to be reviewed was made. It is also provided that such Advocate shall, unless his presence has been dispensed with, be present at the hearing of the application for review. In this connection re ference may be made to Order XXVI, rule 5 of the Pakistan Supreme Court Rules.

In the present case, it is admitted by Mr. Saved Hassan that the Petition was drawn by him. It was not drawn by Mr. K. H.) Khurshid who conduced the leave petition. Mr. K. H. Khurshid is also not present today., :In these circumstances, the review petition is against the rules and is liable to be dismissed. We would, therefore, dismiss the review petition Review Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.