MUHAMMAD ASLAM AND ANOTHER vs MIR AFZAL alias MIR AFSAR AND ANOTHER
This matter comes before the Supreme Court of Pakistan through a petition for leave to appeal filed by Muhammad Aslam and another against Mir Afzal alias Mir Afsar and another. The core legal question sought to be agitated in the petition stood already adjudicated by the apex court in a prior precedent, which ran counter to the petitioners' primary plea on the merits. Upon reviewing the settled legal position, the court held that no useful purpose would be served by proceeding further with the matter as it did not constitute a fit case for the grant of leave to appeal. Consequently, the Supreme Court dismissed the petition, affirming that matters conclusively settled by binding precedent cannot be reopened.
- Whether leave to appeal should be granted when the core question sought to be agitated stands already decided by the Supreme Court?
- Does a petition serve any useful purpose if the main plea on merits goes against settled precedent?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-The question sought to be agitated into, this petition admittedly stands already decided by this Court in Abdul"' Ghafoor and others v. Muhammad Ismail (1), which goes against petitioner's main plea on merits. That being so, no useful purpose would be served by proceeding any further in the matter. It is not a fit case for grant of leave to appeal.
2. ' This petition is dismissed.
(1) P D 1982 SC 364