Mst. MAQBOOL BEGUM AND Others vs GULLAN AND Other
This matter concerns a petition seeking review of an order passed by the Supreme Court in a civil petition for special leave to appeal. The core legal question addressed is whether the mandatory requirement under Rule 6, Order XXVI of the Supreme Court Rules, 1980—which stipulates that a review petition must be drawn by the same Senior Advocate who appeared and argued the original petition—can be waived or exempted. The Court examined an application filed by the Advocate-on-Record requesting exemption from this rule and the dispensation of the presence of the original Senior Advocate at the hearing. The Court held that no sufficient grounds were established to justify granting such an exemption or dispensing with the mandatory procedural requirements. Consequently, the review petition was dismissed for non-compliance with the established rules of the Court. The judgment reinforces the principle that procedural rules regarding the filing and representation of review petitions are mandatory and strictly enforceable, and cannot be bypassed without valid and sufficient justification.
- Is it mandatory for a review petition to be drawn by the same Senior Advocate who argued the original petition under the Supreme Court Rules 1980?
- Can the Court grant an exemption from the requirement that a review petition be drawn by the original counsel?
- What is the consequence of failing to comply with Rule 6, Order XXVI of the Supreme Court Rules 1980 regarding the drafting of a review petition?
- Rule 6, Order XXVI, Supreme Court Rules 1980
ORDER
1. NASIM HASAN SHAH, J.-This is a petition seeking review of this Court's order dated 2-11-1981 passed in Civil petition for Special Leave to Appeal No. 721 of 1981.
2. The review petition is not drawn up by Mr. A. R. Shaikh, Senior Advocate, Supreme Court, who appeared and argued Civil Petition No. 721 of 1981 before the Court, as provided by rule 6, Order XXVI of the Supreme Court Rules, 1980.
3. Mr. Kowkab Iqbal, Advocate-on-Record, has, however, filed an application praying that exemption may be granted in this respect and the presence of Mr. A. R. Sheikh, Senior Advocate, at the time of hearing of the review petition, as laid down under rule 6, Order XXVI of the Supreme Court Rules, may be dispensed with.
4. We have considered these requests but do not find that any sufficient ground is made out for granting them.
5. This petition is, therefore, dismissed for non-compliance with the rules.