| Case ID |
09048ff7-5812-447b-9c89-cabc468caac4 |
| Body |
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| Case Number |
Criminal Review Petition No. 29 of 2002 in Crimina |
| Decision Date |
Nov 18, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the review petition on the grounds that the advocate who had entered appearance for the first time could not argue the review petition. The court held that there was no plausible justification for the absence of the advocate who had argued the original appeal. It reiterated that an advocate who did not appear at the hearing of the appeal could not appear in the review petition as of right, as per the Supreme Court Rules, 1980. The court emphasized the necessity of having the original advocate present to ensure the integrity of the review process. |
| Summary |
This case revolves around the dismissal of a review petition by the Supreme Court of Pakistan. The court ruled that the advocate who entered the case at a later stage could not represent the petitioner in the review petition due to the stipulations of the Supreme Court Rules, 1980. The decision highlighted the importance of consistency in legal representation and adherence to procedural rules. The ruling reinforces that advocates who did not participate in the original appeal cannot claim the right to argue a review petition unless explicitly permitted by the court. This decision is significant for legal practitioners regarding the procedural requirements for review petitions in Pakistan and emphasizes the need for proper legal representation throughout the judicial process. The case references several precedents to substantiate the ruling, including Yousaf Ali Khan v. The State and Abdul Majeed v. Chief Settlement Commissioner, which outline the strict adherence to the rules governing review applications. Keywords: review petition, Supreme Court of Pakistan, legal representation, procedural rules, Yousaf Ali Khan case, Abdul Majeed case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
KHALIL-UR-REHMAN RAMDAY,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Muhammad Aslam Nagi, Advocate Supreme Court,
Asghar Ali Chaudhry, Advocate Supreme Court
|
| Petitioners |
MUKHTAR AHMAD
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 3421,
2003 PLD 126
|
| Other Citations |
Yousaf Ali Khan v. The State (1972) 1 PSCR 103,
Yousaf Ali Khan v. The State PLD 1971 SC 508,
Abdul Majeed v. Chief Settlement Commissioner 1980 SCMR 504,
Ghulam Rasul v. Settlement and Rehabilitation Commissioner 1980 SCMR 962,
Sh. Anwarul Haq v. Mst. Surayya Parveen 1971 SCMR 171,
Mushtaq Ahmed alias Mushtaq Hussain and others v. Hakim Bibi and others 1971 SCMR 235
|
| Laws Involved |
Supreme Court Rules, 1980,
Constitution of Pakistan (1973)
|
| Sections |
O. XXVI, R. 6,
Art. 188
|