IMRAN RAZA ZAIDI Versus GOVERNMENT OF PUNJAB
This matter came before the Supreme Court of Pakistan upon a miscellaneous application seeking a stay order, which had previously been refused at the time leave to appeal was granted. During the proceedings, counsel for both parties agreed that the retention of the original record by the Supreme Court was unnecessary as the paper books were prepared and relevant documents could be incorporated. Consequently, the Court directed that the record be returned to the Service Tribunal. Furthermore, upon the joint request of the parties, the Court ordered that the main appeal be scheduled for an out-of-turn hearing. As a result of these directions, the miscellaneous application for a stay was rendered infructuous and was accordingly dismissed.
- Can a miscellaneous application for a stay be dismissed as infructuous if the parties agree to an expedited hearing of the main appeal?
- Is it permissible for the Supreme Court to direct the return of the record to the Service Tribunal when paper books are ready?
ORDER
1. SAJJAD ALI SHAH, CJ: ‑‑ In this miscellaneous application prayer is for grant of stay, which was refused at the time of grant of leave. As the learned counsel for the parties, present in the Court, agree that there is no need of retaining the record as the paper books are ready and documents can be added, hence we direct that the record be sent to the Service Tribunal. Secondly, the counsel for the parties request that the whole appeal can be taken up for hearing out of turn. Order accordingly. In the result this application is dismissed as being infructuous.
2. AA./I‑216/S Order accordingly.