1972 SCMR 470

BARKAT ALI vs The STATE

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Citation1972 SCMR 470

CourtSupreme Court of Pakistan

Case No.Criminal Review Petition No. 3 of 1972 Petition No. 26: of 1971

Date1972-11-02

Judge(s)Sajjad Ahmad, Waheeduddin Ahmad and Salahuddin Ahmed

Authored byWaheeduddin Ahmad

ResultPetition dismissed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This review petition was filed seeking review of the Supreme Court's order dated 4th April 1972 passed in Criminal Petition for Special Leave to Appeal No. 262 of 1971, which had been dismissed. The core legal question concerned the procedural requirement for filing and arguing a review petition under the Supreme Court Rules where a different counsel appeared during the original hearing. The Supreme Court highlighted that under Order XXVI, Rule 5 of the Pakistan Supreme Court Rules, no application for review can be drawn up by any Advocate other than the Advocate who appeared at the hearing of the case wherein the judgment or order sought to be reviewed was made, unless special leave of the Court is obtained. Furthermore, the rule mandates that the Advocate who originally appeared must be present at the hearing of the review petition unless their presence has been dispensed with. Applying these procedural rules, the Court addressed the competence of the review petition.

Questions settled in this judgment

Can a review petition be drawn by an Advocate other than the one who appeared at the original hearing of the case without special leave of the Court?
Is the Advocate who appeared at the main hearing required to be present during the hearing of the review petition?

Laws & provisions referred

Order XXVI Rule 5, Pakistan Supreme Court Rules

review petitionSupreme Court RulesAdvocate appearancespecial leaveprocedural requirement

ORDER

1. WAHEEDUDDIN AHMAD, J.-This is a review petition against the order of this Court in Criminal Petition for Special Leave to Appeal No. 262 of 1971, dated the 4th April 1972. The petition was dismissed.

2. It appears from the record that Mr. K. H. Khurshid argued the above petition and under the rules except with the special leave of the Court, no application can be drawn by any Advocate other than the Advocate who appeared at the hearing of the case in which the judgment or order, sought to be reviewed, was made. It is also provided that such Advocate shall, unless his presence has been dispensed with, be present at the hearing of the applica--petition for review. In this connection, reference may be made to Order XXVI, rule 5 of the Pakistan Supreme Court Rules.