| Case ID |
3976aa6d-fb3d-4107-b05f-e759d0b6b949 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 826 |
| Decision Date |
May 09, 1988 |
| Hearing Date |
May 09, 1988 |
| Decision |
The Supreme Court granted leave to appeal to examine whether the law does not assist the petitioners regarding their right to a first appeal, which had not been heard on its merits due to technical hurdles. The Court allowed the petitioners' additional grounds to be added to their main petition under Order XXXIII, Rule 6 of the Supreme Court Rules, 1980. The petitioners were directed to deposit security of Rs. 5,000 within three weeks, and the appeal was to be prepared on the current record with the liberty for parties to submit additional documents. The case was deemed fit for examination before the long vacations. |
| Summary |
This case addresses the procedural rights of petitioners under the Constitution of Pakistan, specifically regarding the right to appeal. The Supreme Court's ruling emphasized the importance of ensuring that legal technicalities do not impede the fundamental rights of individuals to seek justice. The Court's decision to grant leave to appeal is pivotal in reaffirming the access to legal remedies, which is critical in maintaining the rule of law. By allowing additional grounds to be included in the petition, the Court demonstrated its commitment to a fair hearing process, ensuring that all relevant arguments are considered. This case serves as a significant precedent in the context of legal appeals in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL,
SAAD SAOOD JAN,
Mian MUHAMMAD BASHIR
|
| Lawyers |
Ch. Muhammad Ashraf, Advocate Supreme Court,
S. Wajid Hussain, Advocate-on-Record
|
| Petitioners |
another,
Mian MUHAMMAD BASHIR
|
| Respondents |
NOOR HUSSAIN
|
| Citations |
1989 SLD 427,
1989 SCMR 160,
1989 SLD 983
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|