MIR KOHI KHAN vs NOOR MUHAMMAD and others
The petitioner sought leave to appeal against an order before the Supreme Court of Pakistan. The core legal question for determination was whether a petition preferred under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 can be converted into an appeal under Article 185(2)(d) of the Constitution, and whether delay can be condoned merely on account of such conversion or otherwise, given the divergent views expressed in various cited judicial precedents. The Supreme Court held that leave to appeal should be granted to examine these formulated legal propositions. The key principle laid down is that where judicial views are divergent on the conversion of a constitutional petition into an appeal and the corresponding condonation of delay, the matter warrants a detailed examination by the apex court.
- Can a petition preferred under Article 185(3) of the Constitution be converted into an appeal?
- Whether delay can be condoned merely on account of conversion of a petition into an appeal or otherwise?
- Article 185(3), Constitution of Islamic Republic of Pakistan, 1973
- Article 185(2)(d), Constitution of Islamic Republic of Pakistan, 1973
ORDER
JAVED IQBAL, J.---Heard learned Advocate Supreme Court for the petitioner at length and perused the record vigilantly. The pivotal question which needs determination would be as to whether the petition preferred under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution) can be converted into appeal .Under Article 185(2)(d) of the Constitution and delay can be condoned merely on account of conversion of petition into an appeal or otherwise? It may not be out of place to mention here that the views on the above formulated points are divergent as expressed in different cases which are mentioned herein below:-- ' Zafar Iqbal Hameed Khan v. Ashiq Hussian 2005 SCM R 1371, Haji Muhammad Nawaz v. Hussain Shah 1990 SCM R 1621,Chairman N.-W.F.P. v. Khurshid Anwar Khan 1992 SCM R 1202, Inayat Ullah Khan v. Obaidullah Khan 1999 SCM R 2702, Sardar Abdul Rauf Khan v. The Land Acquisition Collector/Deputy Commissioner, Abbottabad 1991 SCM R 2164, Province of Punjab v. Muhammad Akram 1998 SCM R 2306, Pakistan v. Waliullah Sufyani PLD 1965 SC 310, Paresh Chandra Biswa sh v.
Tapen Kanti Choudhury PLD 1963 SC 598, T.N. Angami v. Revoluei AIR 1972 SC 42, Ramanbhai Ashabhai Patel v. Debhi Ajitkumar AIR 1965 SC 669, Province of West Pakistan-v. Associated Hotels of India Limited 1973 SCM R 367, Abdul Rauf Khan v. Land Acquisition Collector 1992 SCM R 1181, Taza Gul v. Fazal Subhan 2006 SCM R 504 and Muhammad Nawaz v. Sardara 2008 SCMR 1993
2. In the light of what has been discussed hereinabove, leave to appeal is granted to examine the above formulated legal propositions.