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Criminal Review Petition No. 1‑R/Shariat of 1982 in Criminal Petition No. 5‑R(S) of 1982, decided on 14th December, 1982.
(On appeal from the judgment dated I1‑5‑1982 of the Federal Shariat Court in Cr. A. No. 17‑L of 1982).
Constitution of
Pakistan (1973)‑
---Art. 188 read with Supreme Court Rules, 1956, O. XXVI, r. 6‑Review‑Advocate appearing at hearing of leave to appeal petition not present at hear in of review application nor his appearance dispensed with‑Review petition not satisfying requirement of r. 6, O. XXVI of Rules‑Held, incompetent and dismissed.
Yusuf Ali Khan, Bart‑at‑Law for Petitioner and Imtiaz Muhammad Khan, Advocate‑on‑Record (absent).
Nemo for the State.
Date of Hearing :14th December, 1.982.
The petitioner seeks review of order dated 6‑7‑82 whereby leave to appeal was refused to the petitioner against his conviction under section 10 (2) of the Zina (Enforcement of Hudood) Ordinance, 1979.
The main ground on which review is sought is that his Advocate‑on Record, Mr. Imtiaz Muhammad Khan was hat authorized to argue the petition even in the absence of his counsel.
This review petition is incompetent as it does not satisfy the requirement of rule 6, Order XXVI of the Supreme Court Rules inasmuch as the Advocate ‑who appeared at the hearing on 6th July, 1982 is not present at the hearing of the application for review nor his appearance has been dispensed with.
We do not see any reason, in view of the ground taken, to dispense with this requirement of the rule and the application for review being incompetent is dismissed.
Petition dismissed.
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