ALI GUL KHAN vs LAHORE HIGH COURT, LAHORE And Other
This matter is a Constitution Petition under Article 184(3) of the Constitution of Pakistan 1973, wherein the petitioner sought enforcement of fundamental rights under Articles 25 and 13, challenging the refusal of the Lahore High Court to accept him back into the judiciary following reinstatement orders passed in his favour by the Governor of the Punjab as the Appellate Authority. During the proceedings, after an adjournment was previously granted to enable the Advocate-General to consult the Government regarding a suitable post, the petitioner made an oral request to withdraw the petition to seek an interview with the new Chief Justice. The Assistant Advocate-General having no objection, the Supreme Court dismissed the petition as withdrawn.
- Can a petitioner withdraw a constitution petition under Article 184(3) of the Constitution of Pakistan 1973 upon making an oral request?
- Whether a petition seeking enforcement of fundamental rights can be dismissed as withdrawn when the respondents raise no objection?
- Article 184(3), Constitution of Pakistan 1973
- Article 25, Constitution of Pakistan 1973
- Article 13, Constitution of Pakistan 1973
ORDER
NAIMUDDIN, J: --This is a Constitution Petition under Article 184(3) of the Constitution. In this petition the petitioner has prayed as follows:-- "That in the circumstances petitioner seeks enforcement of the fundamental rights guaranteed to him under Articles 25 and 13 of the Constitution and prays that the refusal of the High Court to accept the petitioner back in the Judiciary after the orders of reinstatement in judiciary passed in his favour by the Governor of the Punjab as Appellate Authority, be declared void in so far this refusal denies, abridges or interferes with the petitioner's exercise of fundamental rights.
Respondent No.1 may also be directed to accept the petitioner back in the Judiciary in accordance with the lawful orders dated 18-5-1980 passed by the Appellate Authority in his favour."
2. On previous date, namely, 20th November, 1988 when the petition came up for hearing the learned Advocate-General. Punjab was present. Following order was passed by the Bench headed by the then Chief Justice and consisting of three other Judges:--- "The petition is adjourned to be heard at Rawalpindi after one month to enable the learned A.-G. To contact the Government for providing a suitable post to the petitioner."
3. Today, the petitioner has made oral request that he may be allowed to withdraw the petition so that he may seek interview with the new Chief Justice as the former Chief Justice had declined to grant an interview to the petitioner.
4. Mr. M. Nawaz Abbasi, learned Assistant Advocate-General has no objection to the withdrawal of the petition.
5. Accordingly, we dismiss this petition as withdrawn.