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2023 SCMR 501

Attiq Ur Rehman vs Sh. Tahir Mehmood and others

Citation2023 SCMR 501
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 600 of 2020
Date2023-01-26
Judge(s)Ayesha A. Malik, Syed Mansoor Ali Shah
ResultPetition dismissed

ORDER

SYED MANSOOR ALI SHAH, J. Respondent No.1 through a constitutional petition challenged the initiation of inquiry against him on the charges of which he already stood exonerated in three previous inquiries. He contended before the High Court that the Chief Minister's Inspection Team has no authority to initiate the said inquiry against him. On the basis of these submissions the High Court issued notices to other side and granted interim relief to respondent No.1 on 03.1.2020 to the effect that no adverse orders be passed against him. The said interim relief was further extended vide order dated 04.2.2020.

2. It is the settled policy of this Court not to readily interfere in the interim orders passed by the High Court. It is desirable that the court hearing the case finally decides the same before it is brought before this court as piecemeal adjudication is not desirable. The only exception is when the interim relief granted by the High Court is arbitrary or unreasonable or reflects abuse of power or wanton exercise of discretion resulting in miscarriage of justice[1]. We have examined the impugned interim order and find that it does not suffer from any grave illegality or abuse of process or gross injustice. We are, therefore, not inclined to interfere in the impugned order. Accordingly, this petition is dismissed and leave refused.

1. Muhammad Sadiq v. Bashir Ahmad, PLD 1966 SC 717; Multan Development Authority v.

Muhammad Ramzan, PLD 1989 SC 629; Salah-Ud-Din v. Mst. Zia Farhat, 1996 SCMR 1528; Federation of Pakistan v. Shafiq ul Hassan, 2020 SCMR 2119.

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