Pakistan Case Law← Search
1999 SCMR 1100

FEDERATION OF PAKISTAN and another vs Haji MUHAMMAD NAWAZ KHOKHAR

Citation1999 SCMR 1100
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal Nos.946 to 956 of 1998 Writ Petitions
Date1999-03-02
Judge(s)Irshad Hasan Khan, Muhammad Bashir Jehangiri, Raja Afrasiab Khan
ResultLeave granted

ORDER

' IRSHAD HASAN KHAN, J.---We propose to dispose of the above petitions for leave to appeal, arising out a consolidated judgment dated 26-3-1998, passed by the Lahore High Court, Lahore in Writ Petitions Nos. 112/97, 12908/97, 12910/97, 14037/97, 14134/97, 24182/96, Cr. Misc. No, 41-H/1997, 4544/98, 4590/98, 4593/98, 4594/98 respectively, as common questions of law involved in these petitions.

2. After hearing Ch. Muhammad Farooq, the .Learned Attorney-General and Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court for respondent No,1 in Civil Petitions Nos.954/1998 to 956/1998, we are inclined to grant leave to appeal to examine whether the High Court was right in holding that section 31(2)(c) of Ehtesab Act, 1997 (hereinafter referred to as the Act), is discriminatory and violative of the equal protection clause contained in Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973 and cannot be sustained; whether the proceedings pending at the time of enforcement of the Act, relating to the period prior to 6-11-1990, cannot continue under the said Act; and whether the impugned decision to the said effect, is contrary to the judgment of this Court in the case of Hakim Ali Zardari v. The State (PLD 1998 SC 1).

3. The impugned judgment has since been passed by the Full Bench of the Lahore High Court, comprising five Hon'ble Judges, the matter may be placed before the Hon'ble Chief Justice for constitution of a larger Bench of not less than seven Judges for hearing these appeals at an early date.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search