Pakistan Case Law
(2007 P.C.T.L.R. 169)

Hamza Shahbaz Sharif And Others vs Federation Of Pakistan And 4 Others

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Citation(2007 P.C.T.L.R. 169)
CourtSupreme Court of Pakistan
Case No.Constitutional Petitions Nos. 2086-L, 2118-L of 2002 221-L, 222-L and 223-Lof
Date2006-07-10
Judge(s)Iftikhar Muhammad Chaudhry, Karamat Nazir Bhandari, Tasaddaq Hussain
ResultPetition Dismissed
Summary

The petitioners approached the Supreme Court of Pakistan seeking relief regarding their grievances. During the proceedings, the learned counsel for the petitioners, having reviewed the precedent established by the Supreme Court in the case of Federation of Pakistan and others v. Samra Shakeel and others (2002) 85 Tax 1 (S.C. Pak), determined that the current petitions were not the appropriate avenue for their claims. Consequently, the counsel requested to withdraw the petitions to pursue redressal through the proper legal forum. The Court, acknowledging the counsel's decision not to press the petitions in light of the cited authority, dismissed the petitions as not pressed. The Court granted the petitioners liberty to approach the appropriate forum for the redressal of their grievances, should they deem it necessary. The matter was thus disposed of without a decision on the merits of the underlying claims.

Questions settled in this judgment
  • Can a petitioner withdraw a constitutional petition to pursue alternative legal remedies?
  • Does a court have the authority to dismiss a petition as 'not pressed' upon the request of the petitioner's counsel?
withdrawal of petitionnot pressedlegal forumredressal of grievancedismissal of petition

ORDER

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.- Learned counsel stated that in view of the judgment of this Court in the case of Federation of Pakistan and others v. Samra Shakeel and others (2002) 85 Tax 1 (S.C. Pak), he would like to approach appropriate forum under law for redressal of the grievance of the petitioner, therefore the listed petitions be disposed of.

2. Since the learned counsel has decided not to press the listed petitions in view of the judgment noted hereinabove, therefore the petitions are dismissed as not pressed leaving the petitioners to approach appropriate forum for redressal of their grievance, if need.

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