2002 PLP 3697 (YLR)
Mirza MUHAMMAD IQBAL‑‑‑Petitioner Versus STATE through Advocate‑General, Punjab, Lahore and 3 others‑‑Respondents
| Citation | 2002 PLP 3697 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhary, J |
| Parties | Mirza MUHAMMAD IQBAL‑‑‑Petitioner Versus STATE through Advocate‑General, Punjab, Lahore and 3 others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 3697 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 3697 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhary, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 3697 (YLR) (Mirza MUHAMMAD IQBAL‑‑‑Petitioner Versus STATE through Advocate‑General, Punjab, Lahore and 3 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hanif Khatana, Addl. A.‑G. for Respondents.
- Date of hearing: 10th December, 2001.
- STATE through Advocate‑General, Punjab, Lahore and 3 others‑‑Respondents
Headnotes / Summary
‑‑‑S. 151‑‑‑Expunctian of remarks passed by Court in its judgment‑‑‑Violation of principle of natural justice‑‑‑Applicant in his application under S.151, C. P. C. had sought expunction of remarks passed by High Court in its judgment‑‑‑Applicant admittedly was not heard at the time of hearing of main Constitutional petition and order had been passed at the back of applicant and some remarks had been made against him‑‑ Remarks in judgment against applicant being against principle of natural justice, same could not be passed nor be made basis for any proceedings in future against the applicant. Malik Feroze Khan Noon's case PLD 1958 SC (Pak.) 333 ref. Syed Afzaal Haider and Pervaiz Inayat Malik for the Writ Petitioner.
Judgment & Decree
Syed Afzaal Haider and Pervaiz Inayat Malik for the Writ Petitioner. Muhammad Hanif Khatana, Addl. A.‑G. for Respondents. Date of hearing: 10th December, 2001. Through this application under section 151, C.P.C. the petitioner/applicant seeks expungment of remarks passed by this Court while accepting the Writ Petition No.17313 of 1999 vide judgment dated 24‑1‑2000.
2. Learned counsel for the petitioner/applicant contends that the petitioner was not heard before the passing of the order and the remarks passed against him which are against the principle of natural justice are liable to be expunged. He relied upon Sarwar's case (1988 SCMR 826) and Malik Feroze Khan Noon's case (PLD 1958 SC (Pak.) 333).
3. On the other hand learned counsel appearing on behalf of the writ petitioner opposed the grant of this application on the ground that the application is not maintainable under section 151, C.P.C. and review petition could be filed. It is further contended that the writ petitioner was involved in a criminal case with mala fide intention hence the observations have been rightly made by the learned Judge in its judgment which cannot be interfered with.
4. I have heard the learned counsel for the parties at length. Admittedly the applicant was not heard at the time of hearing of the main writ petition. Order has been passed on the back of the applicant and some observations have been made against the B applicant. Nobody can be condemned un heard. The remarks in the impugned judgment against the applicant are against the principle of natural justice hence the remarks passed in the impugned judgment shall not be read and shall not be made basis for any proceeding in future against the applicant. However, writ petitioner will be at liberty to prove the allegations in accordance with law before the relevant forums, if he has so desired. This application is accepted. H.B.T./M‑1473/L Application accepted.