KHAN BAHADAR vs BARKAT AHMAD AND OTHERS
The petitioner filed a petition for leave to appeal against an order of the High Court dated 10-2-1981, which had dismissed his writ petition challenging a Superdari order passed by an Additional Sessions Judge in a pending criminal matter. The Supreme Court reviewed the impugned judgment and heard the petitioner's Advocate-on-Record. Upon examination, the Court found the petition to be entirely frivolous and lacking in merit. Consequently, the Supreme Court dismissed the petition for leave to appeal, affirming the High Court's decision to uphold the Superdari order. The judgment underscores the principle that petitions lacking substantive legal grounds or merit are subject to summary dismissal by the Court.
- Is a petition for leave to appeal against a High Court order dismissing a writ petition maintainable when the underlying petition is found to be frivolous?
- Can the Supreme Court dismiss a petition for leave to appeal after reviewing the impugned judgment and hearing the petitioner's counsel?
ORDER
1. ' ASLAM RIAZ HUSSAIN, J.-The petitioner seeks leave to appeal against the order of the High Court, dated 10-2-1981, dismissing his writ petition against an order of Superdari passed by the learned Additional Sessions Judge in criminal matter pending before him.
2. We have gone through the impugned judgment and heard the learned Advocate-on-Record for the petitioner because the learned counsel has not cared to appear. He has good reason for not appearing because the petition' is on the face of it is a frivolous one and ought not to have been filed. It is consequently dismissed.