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ALLAH BAKHSH versus THE STATE


Article 188 Reviewer is exempt from the law, which is not entitled to any relief through review.

P L D 1982 Supreme Court 203

Present : Muhammad Haleem, Actg. C. J., Muhammad Afzal

Zullah, Nasim Hasan Shah and Shah Nawaz Khan, JJ

ALLAH BAKHSH‑Petitioner

versus

THE STATE‑Respondent

Criminal Review Petition No. 10‑R of 1981 in Criminal Appeal No. 53 of 1976, decided on 23rd February, 1982.

(On review from the judgment dated 8‑7‑1981 of the Supreme Court of Pakistan).

Constitution of Pakistan (1973)

‑

Art. 188‑Review‑Petitioner a fugitive from law‑Held, not entitled to seek any relief even by review.‑[Review by Supreme Court Absconder].

Hayat v. State P L D 1981 S C 265 ref.

Raja Muhammad Anwar, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing : 23rd February 1982.

ORDER

NASIM HASAN

SHAH, J.‑Heard. The appeal of the petitioner was dismissed by our judgment dated 8‑7‑1981 because he having become a fugi tive from law was not found entitled to any relief as held in our judgment in Hayat v. State P L D 1981 S C 265. Review is sought on the ground that the petitioner is entitled to the same benefit as extended to his co‑convicts in the impugned judgment.

As held in the case of Hayat Bakhsh the petitioner having remained fugitive from law is not entitled to seek any relief even by review.

This petition is, accordingly, dismissed. He may, if so advised, seek relief from the executive authorities.

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