ALLAH BAKHSH vs THE STATE
This matter comes before the Supreme Court of Pakistan on a review petition seeking the same benefit extended to co-convicts in an impugned judgment, following the dismissal of the petitioner's appeal. The core legal question is whether a petitioner who has become a fugitive from law is entitled to seek relief or review from the court. The court held that a fugitive from law is not entitled to seek any relief, including by way of review, and accordingly dismissed the petition while noting that the petitioner may seek relief from the executive authorities. The key principle laid down is that fugitives from law forfeit their right to audience and equitable relief in judicial proceedings.
- Is a petitioner who has become a fugitive from law entitled to seek review of a dismissed appeal?
- Can a fugitive from law claim the benefit of a judgment extended to co-convicts?
ORDER
1. NASIM HASAN SHAH, J.-Heard. The appeal of the petitioner was dismissed by our judgment dated 8-7-1981 because he having become a fugi--tive from law was not found entitled to any relief as held in our judgment in Hayat v. State PLD 1981 SC 265. Review is sought on the ground that the petitioner is entitled to the same benefit as extended to his co-convicts in the impugned judgment.
2. As held in the `case of Hayat Bakhsh the petitioner having remainedfugitive from law is not entitled to seek any relief even by review.
3. This petition is, accordingly, dismissed. He may, if so advised, seek relief from the executive authorities.