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 view while interpreting the afore-said 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 then 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 SCM R 504).
(iii) Syed Jamshaid A.I Shah's case (1992 SCM R 1195).
(iv) Haji Muhammad Nawaz's case (1990 SCM R 1621).
(v) Sardar Abdur Rauf Khan's case (1991 SCM R 2164).
(vi) Khurshid Anwar Khan's case (1992 SCM R 1202).
(vii) Muhammad Inayat's case (2003 SCM R 875).
(viii) Sardar Abdur Rauf Khan's case (NLR 1992 SCJ 514).
(ix) Elahi Bakhsh's case (NLR 1993 SCJ 32).
(x) Sardar Abdur Rauf Khan's case (1992 SCM R 1181).
(xi) Mehmood Hussain Larik's case (2009 SCM R 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 lqbal Hameed Khan's case (2005 SCM R 1371).
(ii) Ghulam Muhammad's case (2007 SCM R 41).
3. This Court has taken divergent views on the interpretation of the afore-said 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 Hon'ble Chief Justice of Pakistan for constituting larger Bench keeping in view the afore-said circumstances.