1999SCMR1100 (PLP)
FEDERATION OF PAKISTAN and another — Petitioners Versus Haji MUHAMMAD NAWAZ KHOKHAR and 8 others — Respondents
| Citation | 1999SCMR1100 (PLP) |
| Forum / Court | High Court |
| Bench Members | Irshad Hasan Khan, Raja Afrasiab Khan and |
| Parties | FEDERATION OF PAKISTAN and another — Petitioners Versus Haji MUHAMMAD NAWAZ KHOKHAR and 8 others — Respondents |
| Primary Law | (a) Ehtesab Act (IX of 1997), (b) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1999SCMR1100 (PLP)?
This judgment primarily cites: (a) Ehtesab Act (IX of 1997), (b) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR1100 (PLP)?
The case was heard and decided by the High Court bench comprising: Irshad Hasan Khan, Raja Afrasiab Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR1100 (PLP) (FEDERATION OF PAKISTAN and another — Petitioners Versus Haji MUHAMMAD NAWAZ KHOKHAR and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Farooq, Attorney-General for Pakistan alongwith Tanvir Bashir Ansari, Deputy Attorney-General, Sher Zaman, Deputy-Attorney General assisted by Ch. Akhtar Ali, Advocate-on-Record for Petitioners.
- Nemo for Respondents (in C.Ps. Nos.946 to 953 of 1998).
- Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Respondents (in C.Ps. Nos. 954 to 956 of 1998).
- Date of hearing: 2nd March, 1999.
- 2. After hearing Ch. Muhammad Farooq, the -learned Attorney-General and Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court for respondent No.1 in Civil Petitions Nos.954/1998 to 956/1998, we are inclined to grant leave to appeal to examine whether the High Court was right in holding that section 31(2)(c) of Ehtesab Act, 1997 (hereinafter referred to as the Act), is discriminatory and violative of the equal protection clause contained in p, Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973 and cannot be sustained; whether the proceedings pending at the time of enforcement of the Act, relating to the period prior to 6-11-1990, cannot continue under the said Act; and whether the impugned decision to the said effect, is contrary to the judgment of this Court in the case of Hakim Ali Zardari v. The State (PLD 19981 SC 1).
Headnotes / Summary
M4rch, 1999. (On appeal from the judgment dated 26-3-1998 passed by the Lahore High Court, Lahore. in Writ Petitions Nos. 112, 12908, 12910, 14037. 14134 of 1997, 24182 of 1996. Cr.M. NoA1-H of 1997, W.P. No. 4544, 4590, 4593, 4594 of 1998 respectively).-:
S.31(2)
Constitution of Pakistan (1973), Arts. 25 , 185 (3)
Leave to appeal was granted by Supreme Court to examine whether the High Court was right in holding that S.31(2), Ehtesab Act, 1997 was discriminatory and violative of the equal protection clause contained in Art. 25 of the constitution of Pakistan and could not be sustained; whether the proceedings pending at the time of enforcement of the Act, relating to the period prior to 6-11-1990 could not continue under Ehtesab Act, 1997, and whether the impugned decision of the High Court to said effect was contrary to the judgment of Supreme Court in the case of Hakim Ali Zardari v. The State PLD 1998 SC l.
Art. 185
Impugned judgment having been passed by Full Bench of the High Court comprising five Judges, Supreme Court Bench, consisting of three Judges while granting leave to appeal placed the matter before Chief Justice of Supreme Court for constitution of Larger Bench of not less than seven Judges for hearing the appeal.
Judgment & Decree
IRSHAD HASAN KHAN, J.
We propose to dispose of the above petitions for leave to appeal, arising out a consolidated judgment dated 26-3-1998, passed by the Lahore High Court, Lahore in Writ Petitions Nos. 112/97, 12908/97, 12910/97, 14037/97, 14134/97, 24182/96, Cr. Misc. No. 41-H/1997, 4544/98, 4590/98, 4593/98, 4594/98 respectively, as common questions of law involved in these petitions.
2. After hearing Ch. Muhammad Farooq, the -learned Attorney-General and Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court for respondent No.1 in Civil Petitions Nos.954/1998 to 956/1998, we are inclined to grant leave to appeal to examine whether the High Court was right in holding that section 31(2)(c) of Ehtesab Act, 1997 (hereinafter referred to as the Act), is discriminatory and violative of the equal protection clause contained in p, Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973 and cannot be sustained; whether the proceedings pending at the time of enforcement of the Act, relating to the period prior to 6-11-1990, cannot continue under the said Act; and whether the impugned decision to the said effect, is contrary to the judgment of this Court in the case of Hakim Ali Zardari v. The State (PLD 19981 SC 1).
3. The impugned judgment has since been passed by the Full Bench of the Lahore High Court, comprising five Hon'ble Judges, the matter may be placed before the Hon'ble Chief Justice for constitution of a larger Bench of not less E than seven Judges for hearing these appeals at an early date. M.B.A./F-49/S Leave granted.