| Case ID |
f9f6d831-d347-4628-bb9d-230c4ba824d6 |
| Body |
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| Case Number |
Civil Petition No.50-L of 2000 |
| Decision Date |
Feb 28, 2000 |
| Hearing Date |
Feb 28, 2000 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by the Pakistan Lawyers' Forum. The court found that the Lahore High Court's decision to adjourn the petition pending the results of similar cases was valid and did not equate to an abdication of jurisdiction. The court held that the Full Bench of the Lahore High Court was competent to regulate its own procedures and that the stay of proceedings was procedural. The court emphasized that the petitioner's claims regarding the principle of propriety and access to justice were not persuasive, as many similar petitions were already pending before the court. The final ruling affirmed the decision of the Lahore High Court and declined the leave requested by the petitioner. |
| Summary |
In the case of Pakistan Lawyers Forum vs. General Pervez Musharaf, the Supreme Court of Pakistan addressed critical issues surrounding constitutional petitions and the jurisdiction of the High Court. The case arose from a petition challenging the constitutional validity of the military takeover on October 12, 1999. The petitioner argued that the High Court's adjournment of the hearing based on similar pending cases amounted to a denial of access to justice, a fundamental right guaranteed by the Constitution. The court examined the procedural aspects of the High Court's decision and the principle of propriety cited by the petitioner. Ultimately, the Supreme Court upheld the High Court's authority to regulate its procedures, dismissed the petition for leave to appeal, and reinforced the need for a systematic approach to similar constitutional petitions. This case highlights the balance between judicial efficiency and the rights of petitioners in the context of overlapping legal challenges in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN, CJ,
CH. MUHAMMAD ARIF,
QAZI MUHAMMAD FAROOQ, JJ
|
| Lawyers |
A.K. Dogar, Advocate Supreme Court,
S. Abul Asim Jafri, Advocate-on-Record
|
| Petitioners |
PAKISTAN LAWYERS FORUM
|
| Respondents |
General PERVEZ MUSHARAF and others
|
| Citations |
2000 SLD 847,
2000 SCMR 897,
2000 SLD 1259
|
| Other Citations |
Sardar Farooq Ahmed Khan Leghari v. Federation of Pakistan PLD 1999 SC 57,
Ch. Manzoor Elahi v. Federation of Pakistan and others PLD 1975 SC 66,
Mian Muhammad Nawaz Sharif v. Federation of Pakistan PLD 1993 SC 437,
Farough Ahmed Siddiqi v. The Province of Sindh and others 1994 SCMR 2111,
Pir Sabir Shah v. Shad Muhammad Khan, Member Provincial Assembly, N.-W.F.P. and another PLD 1995 SC 66,
Mian Muhammad Shahbaz Sharif v. The State 1997 SCMR 1361,
Tahafaz Dastoor v. Federation of Pakistan PLD 1998 SC 1263
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.185(3)
|