1989SCMR366 (PLP)
MUHAMMAD ANWAR DURRANI — Petitioner Versus PROVINCE OF BALUCHISTAN and others — Respondents
| Citation | 1989SCMR366 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, CJ, Aslam Riaz Hussain, Muhammad Afzal Zullah, Nasim Hasan Shah, Abdul Kadir Shaikh, Shafiur Rahman, Zaffar Hussain Mirza, Saad Saood Jan, Usman Ali Shah, Ali Hussain Qazilbash and Naimuddin, lJ |
| Parties | MUHAMMAD ANWAR DURRANI — Petitioner Versus PROVINCE OF BALUCHISTAN and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR366 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR366 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, CJ, Aslam Riaz Hussain, Muhammad Afzal Zullah, Nasim Hasan Shah, Abdul Kadir Shaikh, Shafiur Rahman, Zaffar Hussain Mirza, Saad Saood Jan, Usman Ali Shah, Ali Hussain Qazilbash and Naimuddin, lJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR366 (PLP) (MUHAMMAD ANWAR DURRANI — Petitioner Versus PROVINCE OF BALUCHISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Chishti, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for Petitioner.
- Yakoob K. Eusafzai, A.-G. Baluchistan for Respondents Nos. 1, 2 and 11.
- Yayha Bakhtiar, Attorney-General for Pakistan for Respondent No. 3.
- Nemo for Respondents Nos. 4, 9 and 10.
- Azizullah K. Shaikh, Advocate Supreme Court and A. Aziz Dastgir, Advocate-on-Record for Respondent No. 6
- Mashir Pesh Imam, Advocate Supreme Court and A. Aziz Dastgir, Advocate-on-Record for Respondent No. 7.
- Afzal Haider, Advocate Supreme Court and A. Aziz Dastgir, Advocate on-Record for Respondent No. 8.
- Date of hearing: 8th January, 1989.
- Muhammad Aslam Chishti, Advocate Supreme Court and Iftikhar Muhammad, Advocate‑on‑Record for Petitioner.
- Yakoob K. Eusafzai, A.‑G. Baluchistan for Respondents Nos. 1, 2 and 11.
- Yayha Bakhtiar, Attorney‑General for Pakistan for Respondent No. 3.
- Azizullah K. Shaikh, Advocate Supreme Court and A. Aziz Dastgir, Advocate‑on‑Record for Respondent No. 6
- Mashir Pesh Imam, Advocate Supreme Court and A. Aziz Dastgir, Advocate‑on‑Record for Respondent No. 7.
- Afzal Haider, Advocate Supreme Court and A. Aziz Dastgir, Advocate on‑Record for Respondent No. 8.
Headnotes / Summary
(On appeal from the judgment and order dated 22-12-1988 of the Baluchistan High Court, Quetta, passed in Constitutional Petition No. 290 of 1988).
Art. 185(3)--Petition for leave to appeal--Dismissal of Constitutional petition for want of locus standi of the petitioner--Substitution of party allowed by Supreme Court--Another Constitutional petition on similar question already admitted to a regular hearing by the High Court--Parties to the petition for leave to appeal agreed that impugned judgment of High Court be set aside with the direction that Constitutional petition be heard by the High Court alongwith the admitted Constitutional petition on merits, and the hearing be accelerated to within 10 to 15 days--Supreme Court converted petition into appeal, allowed same. set aside the impugned judgment and remanded proceedings to the High Court for hearing within 15 days with the Constitutional petition already admitted. Respondent No. 5 in person.
Judgment & Decree
At the request of the petitioner and also on an application by Maulana Asmatullah, respondent No. 7 is substituted by Maulana Asmatullah, Leader, Parliamentary Group, Jamiat Ulmai Islam (Fazalur Rehman Group). The petitioner filed a Constitutional Petition No. 2% of 1988 which was dismissed by the impugned judgment of the High Court on the ground that the petitioner had no locus standi in the matter. In view of the fact that the Constitutional Petition No. 291 of 1988 has already been admitted to a regular hearing by the Baluchistan High Court and is fixed on 30th January, 1989, the parties to this petition agree that the impugned judgment be set aside with the direction that the aforesaid Constitutional Petition be heard by the High Court on merits, and the hearing of the Constitutional Petition on remand be accelerated to within 10 to 15 days from today. Learned Attorney‑General also joins in the request. Accordingly, we convert this petition into an appeal, allow it, set aside the impugned judgment and remand the proceedings to the High Court for hearing of Constitutional Petition No. 290 of 1988 alongwith Constitutional Petition No. 291 of 1988 within fifteen days from today in view of urgency in resolving the Constitutional dispute. There will be no order as to costs. M.B.A./M‑719/S Order accordingly.