' IRSHAD HASAN KHAN, J.--- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, challenges vires of Special Courts for Speedy Trials Ordinance No,XXXVIII of 1991 on the ground that Ordinance No,XXV of 1991 having lapsed cannot be acted upon and all rights accrued under it ceased to have any effect.
2. The application for stay of execution of death sentence fixed for 15-12-1992 is listed for hearing in motion today, but the main petition has not been fixed by the office. However, at the request of learned counsel for the petitioner, we are inclined to dispose of the main petition as well.
3. It has been pointed out to the learned counsel for the petitioner that this Bench has already held in the case of Rehmat Khan v. Federation of Pakistan and others Writ Petition No,485 of 1992, decided on 14-11-1992 : PLD 1993 Lah. 70 that the Ordinance No,XXXVIII of 1991 being reenactment of the provisions of the earlier Ordinance No,XXV of 1991 is a valid piece of legislation and therefore, trial and conviction of the petitioner do not warrant interference in this case either. Furthermore, during pendency of the writ petition, the Supreme Appellate Court has affirmed the judgment of the trial Court and also repelled similar contention on behalf of the petitioner before it in its judgment dated 20-5-1992 in Criminal Appeal No,8 of 1992 and other connected appeals and the same has not been challenged either by a separate writ petition or by effecting amendment in the instant petition. This is another circumstance for dismissing this petition. Resultantly, the writ petition fails and is hereby dismissed with no order as to costs.
At this stage, learned counsel for the petitioner respectfully submitted that in the case of Rehmat Khan (supra), this Bench allowed some time to the convict therein for filing a petition for leave to appeal before the Supreme Court and, therefore, the petitioner be also allowed some time in that behalf at his oral petition under Rule 5 of Order XLI, C.P.C. We are inclined to grant this application by suspending the execution of death warrant of the petitioner till 21-12-1992, when it shall automatically lapse unless otherwise ordered by the Supreme Court.
' A copy of this order shall be supplied to the petitioner by the Copying Agency immediately and this order shall be communicated to the concerned quarters by the Officer on Special Duty (Judicial) of this Court.