P L D 1984 Supreme Court 463 (PLP)

NAsim HASAN SHAH, J.-The appellant, Saeedullah Kazmi, is the General Secretary of the "Anjuman-e-Aswa-e-Hasna Pakistan Registered", Karachi. He is very much disturbed by the fact that the times selected by Radio Pakistan for announcing the end of Sehr and also for the Iftdr, during the . Holy month of Ramazan, do not accord with the injunctions of Islam, in that the announcement regarding end of Sehri is made at subh kazib i.e. well before the due and proper time, resulting in the Muslims being forced to stop taking sehrf before the due time and also making them offer the Fajar prayer at subh kazib, again earlier than the time at which they should be offered. Thus, the injunctions of Islam are being contravened by the actions of Radio Pakistan. The same question was raised by the appellant in a Shariat Application (No. 27 of 1979) filed by him before the Shariat Bench of the High Court of Sind at Karachi. This was dismissed by the said Bench on 18-7-1979. An appeal was filed against the said decision in this Court (Shariat Appeal No. K-1/80), which too was dismissed by an elaborate judgment announced by this Court on 29-9-1980. The appellant seeks to re-agitate the same question again. When the appellant was informed that his present petition and the appeal arising therefrom did not lie, as it sought to agitate the same question which had already been raised and adjudicated upon and was, therefore, barred by the principles of res judicata ; he submitted that during the hearing of the earlier appeal which was filed by him in this Court, his request to summon certain witnesses was not acceded to and in the absence of the testimony of the said witnesses this Court could had failed to adjudicate the matter in accordance with the dictates of justice ; hence both the second petition and the appeal against the decision therein were competent. In fact he had even invoked the jurisdiction of various civil Courts in order to obtain the same relief, which was denied to him by this Court. One such suit had already been dismissed, as not maintainable and the appeal filed against that order was still pending, while another civil suit was still at the stage of preliminary adjudication. The appellant, it appears to us, is determined to continue agitating the matter, so dear to his heart until a decision is given in favour of his point of view and he will contest each and every decision which goes counter to his contentions. This is evident from his conduct that he not only approached the Shariat Bench of the Sind High Court in 1979 and this Court on appeal on this very subject-matter and on being unsuccessful again took up the same matter before the Federal Shariat Court and, meeting with failure there, has again filed an appeal before this Court. In the meanwhile, he also filed two suits before the civil Court on the same subject-matter. Although we cannot but admire his persistency and constancy in the cause he has taken up, but lament his lack of knowledge of the law and his complete disdain for the legal and procedural requirements for prosecuting a cause before a legal forum. Since we cannot so lightly disregard the latter, we must hold that the appellant cannot be heard over and over again on a subject-matter which has already been fully heard and. adjudicated upon by this Court and that his petition was barred by the principles of res judicata. This appeal must, accordingly, fail and is dismissed hereby. M.Z. M. Appeal dismissed.