Pakistan Case Law
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2024 SCP 7
[Supreme Court of Pakistan]

Gohar Ali Khan Versus Aftab Durrani and others

Criminal Original Petition No. 40 of 2023 In Constitution Petition No. 47 of, decided on 8th January, 2024.
Result: Order Accordingly.
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Summary

This matter comes before the Supreme Court of Pakistan pursuant to an earlier order dated 3 January 2024, involving the Election Commission of Pakistan and the Chief Secretary, Government of Punjab, who filed criminal miscellaneous applications. The core procedural question concerned whether the petitioner required time to respond to the voluminous applications filed by the respondents. The court decided to grant the petitioner three days time to file a written response to the contents of the said applications. The key principle established is the provision of adequate opportunity of hearing and response in procedural compliance with court directions prior to further adjudication.

Questions settled in this judgment
  • Whether a party is entitled to seek time to file a written response to miscellaneous applications filed pursuant to court orders?
  • Can the court grant adjournment for submitting replies to CMAs in pending matters?
procedural adjournmentcriminal miscellaneous applicationelection commissionsupreme court proceedings

ORDER

Pursuant to the order of this Court dated 3 January 2024 the Election Commission of Pakistan has filed Criminal Misc. Application No. 08/2024 on 6 January 2024, comprising of 322 pages, and the Chief Secretary, Government of Punjab, has also filed Criminal Misc. Application No. 10/2024 on 6 January 2024, comprising of 242 pages. We enquired from the learned counsel representing the petitioner whether he wants to respond to the contents of the said CMAs and the learned counsel stated that he will be filing a written response thereto and sought three days time to do so. Three days time is granted to do the needful whereafter the Election Commission of Pakistan and the Chief Secretary, Government of Punjab may consider the same. Adjourned to Monday, 15 January 2024.

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