Pakistan Case Law
1987 SCMR 1746(1)

Haji RAJAB ALI vs SUPERINTENDENT, DISTRICT JAIL, QUETTA And Another

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Citation1987 SCMR 1746(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.46-Q of 1986
Date1987-04-08
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultPetition dismissed
Summary

This matter came before the Supreme Court of Pakistan as a petition filed by Haji Rajab Ali against the Superintendent of the District Jail, Quetta, and another respondent. The core legal question involved the merits of the petition as originally presented to the Court. However, during the proceedings, the learned counsel for the petitioner, Tahir Muhammad Khan, informed the Court that the petition had been rendered infructuous due to subsequent developments or changes in circumstances. Consequently, the counsel did not press the petition further. In light of this submission, the Supreme Court held that the petition could not be adjudicated upon its merits as it no longer presented a live controversy. The Court accordingly dismissed the petition as withdrawn. This decision reinforces the principle that courts will not entertain or proceed with petitions that have become infructuous, allowing parties to withdraw such matters when the underlying grievance or legal necessity for the petition has ceased to exist, thereby conserving judicial time and resources.

Questions settled in this judgment
  • Can a petition be dismissed if it has been rendered infructuous by subsequent events?
  • Is a petitioner entitled to withdraw a petition that is no longer pressed by counsel?
infructuous petitionwithdrawal of petitionjudicial economypractice and procedureSupreme Court of Pakistan

ORDER

1. ABDUL KADIR SHAIKH, J.--Tahir Muhammad Khan learned counsel for the petitioner does not press this petition as it has been, rendered infructuous.

2. The petition is accordingly dismissed as withdrawn.

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