| Case ID |
23383e43-b393-4f80-8019-f14a7206facb |
| Body |
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| Case Number |
C.P. No. 600 of 2020 |
| Decision Date |
Jan 26, 2023 |
| Hearing Date |
Jan 26, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the constitutional petition filed by Attiq-ur-Rehman, rejecting his challenge against the interim orders of the Lahore High Court regarding the initiation of inquiry. The Court emphasized its policy of not interfering with interim High Court orders unless there is clear evidence of arbitrariness, unreasonableness, abuse of power, or miscarriage of justice. After thorough examination, the Supreme Court found no grave illegality or abuse in the High Court's decision, leading to the dismissal of the petition and refusal of leave. |
| Summary |
In the landmark case C.P. No. 600 of 2020, decided on January 26, 2023, the Supreme Court of Pakistan addressed crucial aspects of constitutional law surrounding the initiation of inquiries and the maintenance of interim orders. Petitioner Attiq-ur-Rehman challenged the Lahore High Court's initiation of an inquiry against him on charges from which he had been exonerated in three prior inquiries. The Lahore High Court had granted him interim protection from adverse orders, a decision upheld by the Supreme Court. The Court reiterated its stance on minimal interference with High Court interim measures unless significant legal or procedural malfeasance is evident. The arguments presented by advocate Dr. G.M. Choudhary and the defense by N.R were meticulously reviewed, with the Court finding no substantial grounds to overturn the High Court's decision. The ruling underscores the judiciary's commitment to preventing piecemeal adjudication and ensuring that final hearings address the merits of cases comprehensively. This decision aligns with established legal precedents and fortifies the principle of judicial restraint in interim matters, promoting stability and fairness in the legal process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED MANSOOR ALI SHAH,
MRS. AYESHA A. MALIK
|
| Lawyers |
Dr. G.M. Choudhary,
N.R
|
| Petitioners |
ATTIQ-UR-REHMAN
|
| Respondents |
Sh. TAHIR MEHMOOD and others
|
| Citations |
2023 SLD 2512,
2023 PLD 371
|
| Other Citations |
Muhammad Sadiq v. Bashir Ahmad, PLD 1966 SC 717,
Multan Development Authority v. Muhammad Ramzan, PLD 1989 SC 629,
Salah-Ud-Din v. Mst. Zia Farhat, 1996 SCMR 1528,
Federation of Pakistan v. Shafiq Ul Hassan, 2020 SCMR 2119
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199/185
|