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1983 SCMR 295

RASHID AND Another vs The STATE

Citation1983 SCMR 295
CourtFederal Shariat Court
Case No.Criminal Review Petition No. 1-R/Shariat of 1982 Cr. A. No. 17-L of 1982 in
Date1982-12-13
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Maulana Muhammad Taqi
ResultPetition dismissed

ORDER

1. SHAFIUR RAHMAN, MEMBER: The petitioner seeks review of order dated 6-7-82 whereby leave to appeal was refused to the petitioner against his conviction under section 10 (2) of the Zina (Enforcement of Hudood) Ordinance, 1979.

2. The main ground on which review is sought is that his Advocate-on-- Record, Mr. Imtiaz Muhammad Khan was hat authorized to argue the petition even in the absence of his counsel.

3. This review petition is incompetent as it does not satisfy the requirement of rule 6, Order XXVI of the Supreme Court Rules inasmuch as the Advocate -who appeared at the hearing on 6th July, 1982 is not present at the hearing of the application for review nor his appearance has been dispensed with.

4. We do not see any reason, in view of the ground taken, to dispense with this requirement of the rule and the application for review being incompetent is dismissed.

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