ZAHID HUSSAIN vs The STATE
The petitioner filed a petition for leave to appeal against the judgment and order of the Lahore High Court, Lahore, dated 7-5-1984, which had dismissed his Criminal Appeal No. 614 of 1980. Upon review, the Supreme Court of Pakistan observed that the petition was time-barred by 66 days. Furthermore, the Court examined the merits of the case and determined that, even apart from the issue of limitation, it did not constitute a fit case for the grant of leave to appeal. Consequently, the Supreme Court dismissed the petition primarily on the ground of limitation. This decision reinforces the principle that petitions for leave to appeal must be filed within the prescribed period of limitation and that the Court retains the discretion to deny leave if the case lacks merit, regardless of procedural hurdles. The judgment underscores the strict adherence required regarding limitation periods in criminal appellate proceedings before the Supreme Court.
- Can a petition for leave to appeal be dismissed solely on the ground of being barred by limitation?
- Does the Supreme Court have the discretion to deny leave to appeal if a case is found to be without merit?
ORDER
1. ASLAM RIAZ HUSSAIN, J.--The petitioner seeks leave to appeal from the Judgment and order of the Lahore High Court, Lahore dated 7-5-1984 dismissing his Criminal Appeal No.614 of 180. The petition is barred by 66 days. Even otherwise, after hearing the learned counsel for the petitioner, we find that it is not a fit case for grant of leave.
2. The petition, therefore, dismissed as barred by limitation.