DIN MUHAMMAD vs ABDUL HAQ
This matter came before the Supreme Court of Pakistan upon an application filed by the appellant's counsel seeking permission to withdraw the pending appeal. The core legal question was whether the appellant could be granted leave to withdraw the appeal at this stage of the proceedings. The Court, exercising its discretion, granted the request for withdrawal. Consequently, the appeal was dismissed as withdrawn, with no order issued regarding costs. The Court also noted that, given the dismissal of the appeal, the assistance of the advocates appointed as amicus curiae was no longer required, though the Court expressed appreciation for their preparation. The judgment establishes the principle that an appellant retains the right to seek withdrawal of an appeal, and upon such request being granted, the appeal is effectively dismissed without further adjudication on the merits.
- Can an appellant seek permission to withdraw an appeal pending before the Supreme Court?
- What is the effect of granting an application to withdraw an appeal?
ORDER
1. ' ABDUL KADIR SHAIKH, J.--Mr. Azizullah Memon, learned counsel for appellant has filed an application praying for grant of permission to withdraw the appeal. The request is granted and the appeal is dismissed as withdrawn with no order as to costs.
2. ' Since the appeal stands dismissed, the assistance of M/s Iftikhar Mohammad, Basharatullah and M. Zaffar, advocates to whom notice was issued to appear as amicus curiae is no longer necessary, although they have fully prepared themselves with the case-law for which our appreciation is due to them.