IRSHAD HASAN KHAN, C.J. - This petition for leave to appeal by Pakistan Lawyer's Forum has arisen from the order dated 9.12.1999 passed by a Full Bench of the Lahore High Court whereby the petitioner's writ petition challenging Constitutional validity of the Military take-over on 12.10.1999 was adjourned to await result of similar cases pending before this Court.
2. The grievance ot the petitioner is threefold. First, that the rule of property on which the impugned order is based neither finds mention in the case ot Mian Muhammad Nawaz Sharif v. Federation of Pakistan (PLD 1993 SC 437) nor was laid down by this Court in any other case. Secondly, refusal to exercise jurisdiction by the Full Bench amounts to refusing access to justice which is a guaranteed fundamental right Thirdly, this Court cannot as a matter of course entertain a Constitutional petition tinder Article 184 (3) of the Constitution and allow a party to by-pass the High Court.
3. The petitioner was heard at length and the case-law viz. Ch. Manzoor Elahi Vs. Federation of Pakistan, etc. (PLD 1975 SC 66 at pages 79, 85 and 95), Frough Ahmed Siddiqi Vs. The Province of Sind, etc. (1994 SCM R 2111 at page 2114), Pir Sabir Shah Vs. Shad Muhammad Khan Member Provincial Assembly NWFP and another (PLD 1995 SC 66 at page 148), Mian Muhammad Shehbaz Sharif Vs. The State (1997 SCM R 1361), Mian Muhammad Nawaz Sharif Vs. Federation of Pakistan (PLD 1993 SC 473) and Wukala Mahaz Barai Tahafaz Dastoor Vs. Federation of Pakistan (PLD 1998 SC 1263 at pages 1299-1300-1301) cited by him was examined.
4. At the outset Mr. A.K. Dogar, learned ASC, appearing in support of the petition, was asked to explain the legal status of the petitioner. He submitted that the registration of the Pakistan Lawyer's Forum was in the offing. It was pointed out to him that in that eventuality the petitioner was bereft of locus standi to file the writ petition being not a juristic person. Faced with this position he submitted that he may be substituted for the petitioner. The submission has been made in good spirit, therefore, it is ordered that his name be substituted for the petitioner with the observation that it shall not serve as a precedent.
5. The contention vehemently raised by the petitioner with regard to the 'principle of propriety' has not impressed us. Numerous Constitutional petitions challenging the Military take-over were filed in this Court which have already been fixed for hearing the writ petition file by the petitioner, though prior in point of the, is identical in substance to those petitions. It is true that in the case of Mian Muhammad Nawaz Sharif, cited above, this Court had not made any observation in regard to stay of identical writ petitions filed in the High Court but it is a matter of common knowledge that all such petitions were stayed by the respective High Courts pending disposal of the Constitutional Petitions filed in this Court. The impugned Order is thus neither unprecedented nor exceptionable.
6. Advening to the second fact of the grievance we find that the Full Bench seized of the matter has not refused to exercise jurisdiction and has only stayed the writ petition till disposal of somewhat identical Constitutional Petitions pending in this Court. It is scarcely necessary to mention that stay of proceedings cannot be equated with abdication of jurisdiction. In any event the matter being procedural, the Full Bench, headed by the Chief Justice of Lahore High Court, was certainly competent to regulate its own procedure.
7. The controversy emanating from third aspect of the grievance was set at rest in the case of Wukala Mahaz Barcu Tahafaz-e-Dastoor v. Federation of Pakistan, etc. (PLD 1998 SC 1263) in these terms:- "Since we have already entertained the above Constitutional Petitions and have heard learned counsel for the parties, I am inclined to hold that it would foster democratic norms if we were to render authoritative pronouncement as to the scope and import of above Article 63-A."
8. The observations made in Ch. Manzoor Elahi Vs. Federation of Pakistan (PLD 1975 SC 66) in regard to exercise of concurrent jurisdiction are not attracted in view of the peculiar nature of the petitioner's writ petition and the Constitutional petitions pending in this Court and the fact that many Constitutional petitions have already been entertained by this Court and fixed for hearing.
9. While concluding his lengthy arguments, the petitioner informed us that he had also filed a Constitutional Petition under Article 184 (3) of the Constitution in this Court but submitted that he would pursue the petition pending in the Lahore High Court, therefore, the Lahore High Court may be directed to hear his petition and conclude the same within two weeks. The request is declined as we are not inclined to revive the writ petition in question. As regards the Constitutional Petition No. 7 of 2000 filed by the Pakistan Lawyer's Forum in this Court it may be observed that notices in the Constitutional Petitions, challenging the Military take-over, filed earliest have already been issued, therefore, the said Constitutional petition cannot he clubbed with those petitions. Besides, tagging of the said petition with the Constitutional Petitions already fixed for hearing will not only delay the disposal of those petitions hut also militate against the commitment of this Court to ensure quick disposal of cases and banish delay from the Courts.
10. Following the observation of the Full Bench of this Court comprising 7-JJ. Presided over by Amal Mian, C.J. Of which one of us (Irshad Hasan Khan, C.J.) was also a member in Constitutional Petitions Nos. 10, 11, l2, I6 and 17 of 1998 to the effect that: "If any other petition apart from these petitions has been filed would wait the result of the above petitions", we direct that Constitutional Petition No. 7/2000 would await the result of Constitutional Petitions Nos. 62/99, 63/99, 66/99, 3/2000, 64/99, 53/99 and 57/99 fixed for hearing on day to day basis commencing lst March, 2000.
11. Resultantly, the leave prayed for is declined and the petition dismissed.