MUHAMMAD ANWAR DURRANI vs PROVINCE OF BALUCHISTAN and others
This matter originated as a petition for leave to appeal against a High Court judgment that dismissed the petitioner's Constitutional Petition No. 290 of 1988 on the ground of lack of locus standi. The core legal question concerned the propriety of dismissing the petition on this preliminary ground when a related Constitutional Petition No. 291 of 1988 was already pending before the same High Court. Upon agreement of the parties and the Attorney-General, the Supreme Court converted the petition into an appeal and allowed it. The Court set aside the impugned judgment and remanded the proceedings to the High Court with a direction to hear Constitutional Petition No. 290 of 1988 on its merits, alongside Constitutional Petition No. 291 of 1988. The Court emphasized the urgency of resolving the underlying constitutional dispute and directed the High Court to expedite the hearing within fifteen days. The key principle established is that where related constitutional matters are pending, procedural dismissals based on locus standi may be set aside to ensure a consolidated hearing on the merits when parties consent and urgency is demonstrated.
- Can a constitutional petition dismissed on the ground of locus standi be remanded for hearing on merits if related petitions are pending?
- Is the Supreme Court empowered to direct the High Court to expedite the hearing of a remanded constitutional petition?
ORDER
1. ' At the request of the petitioner and also on an application by Maulana Asmatullah, respondent No, 7 is substituted by Maulana Asmatullah, Leader, Parliamentary Group, Jamiat Ulmai Islam (Fazalur Rehman Group).
2. ' The petitioner filed a Constitutional Petition No, 290 of i988 which was dismissed by the impugned judgment of the High Court on the ground that the petitioner had no locus standi in the matter.
3. In view of the fact that the Constitutional Petition No, 291 of 1988 has already been admitted to a regular hearing by the Baluchistan High Court and is fixed on 30th January, 1989, the parties to this petition agree that the impugned judgment be set aside with the direction that the aforesaid Constitutional Petition be heard by the High Court on merits, and the hearing of the Constitutional Petition on remand be accelerated to within 10 to 15 days from today. Learned Attorney-General also joins in the request.
4. ' Accordingly, we convert this petition into an appeal, allow it, set aside the impugned judgment and remand the proceedings to the High Court for hearing of Constitutional Petition No, 290 of 1988 alongwith Constitutional Petition No, 291 of 1988 within fifteen days from today in view of urgency in resolving the Constitutional dispute.
5. ' There will be no order as to costs.