2010 SCMR 285 (PLP)
Mst. INAYAT BEGUM and others — Petitioners Versus MUHAMMAD ALI — Respondent
| Citation | 2010 SCMR 285 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Ramday and Ch. Ijaz Ahmed, JJ |
| Parties | Mst. INAYAT BEGUM and others — Petitioners Versus MUHAMMAD ALI — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2010 SCMR 285 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 SCMR 285 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Ramday and Ch. Ijaz Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 SCMR 285 (PLP) (Mst. INAYAT BEGUM and others — Petitioners Versus MUHAMMAD ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ras Tariq Chaudhry, Advocate Supreme Court for Petitioners.
- Nemo for Respondent.
- Date of hearing: 10th September, 2009.
Headnotes / Summary
(Against the judgment dated 3-11-2004 passed by the Lahore High Court, Lahore in R.S.A. No.13 of 1997).
Arts. 185(2)(d) & 185(3)
Direct appeal to Supreme Court
Question of law arising in the petition was that Supreme Court had taken divergent views on interpretation of provisions of Art.185(2)(d) of the Constitution
Leave to appeal was granted by Supreme Court to remove inconsistent views taken by Supreme Court in its judgments already passed. Zulfiqar's case PLD 2007 SC 582; Taza Gul's case 2006 SCMR 504; Syed Jamshaid Ali Shah's case 1992 SCMR 1195; Haji Muhammad Nawaz's case 1990 SCMR 1621; Sardar Abdur Rauf Khan's case 1991 SCMR 2164; Khurshid Anwar Khan's case 1992 SCMR 1202; Muhammad Inayat's case 2003 SCMR 875; Sardar Abdur Rauf Khan's case 1992 SCMR 1181; Elahi Bakhsh's case 1992 SCMR 2443; Sardar Abdur Rauf Khan's case 1992 SCMR 1181; Mahmood Hussain Larib's case 2009 SCMR 857; Zafar Iqbal- Hameed Khan's case 2005 SCMR 1371 and Ghulam Muhammad's case 2007 SCMR 41 ref.
Judgment & Decree
CH. IJAZ AHMED, J.
Question of law arising in this petition relates to Article 185(2)(d) of the Constitution. This Court has taken divergent views while interpreting the aforesaid provision of the Constitution. In one set of the cases, the aggrieved persons had a right to file direct appeal before this Court but instead of filing the direct appeals, petitions were filed which were converted into appeals and appeals were decided on merits. Taking the view that office had not raised objection qua the maintainability of the petitions or right of appeal was much stronger than the right of filing appeal, therefore, petitions were converted into appeals. The list of cases of this kind is as follows:-- (i) Zulfiqar's case (PLD 2007 SC 582). (ii) Taza Gul's case (2006 SCMR 504). (iii) Syed Jamshaid Ali Shah's case (1992 SCMR 1195) (iv) Haji Muhammad Nawaz's case (1990 SCMR 1621) (v) Sardar Abdur Rauf Khan's case (1991 SCMR 2164) (vi) Khurshid Anwar Khan's case (1992 SCMR 1202) (vii) Muhammad Inayat's case (2003 SCMR 875) (viii) Sardar Abdur Rauf Khan's case (1992 SCMR 1181). (ix) Elahi Bakhsh's case 1992 SCMR 2443 (x) Sardar Abdur Rauf Khan's case (1992 SCMR 1181) (xi) Mahmood Hussain Larib's case (2009 SCMR 857)
2. Contrary view had been taken in the following judgments where the petitions were not converted into appeals and were dismissed as time barred: (i) Zafar Iqbal Hameed Khan's case (2005 SCMR 1371) (ii) Ghulam Muhammad's case (2007 SMCR 41).
3. This Court has taken divergent views on the interpretation of the aforesaid provision of the Constitution, therefore, leave is granted to remove inconsistent views taken by this Court in the above referred judgments. Office is directed to place this case before the Honourable Chief Justice of Pakistan for constituting larger Bench keeping in view of the aforesaid circumstances. M.H./I-18/S Leave granted.