Pakistan Case LawMUHAMMAD SHARIF Versus SARDAR And 8 Other
This petition for leave to appeal arises out of a consolidation matter wherein the petitioner challenged the dismissal of his Constitutional Petition by the High Court. The core legal question involved was purely a question of fact, specifically whether the petitioner had withdrawn his appeal before the Collector. The High Court conducted an inquiry in which the Collector testified that the petitioner had indeed withdrawn the appeal. The Supreme Court held that the argument concerning the petitioner's motive or lack of justification for withdrawing the appeal was immaterial to the factual determination. Finding the concurrent finding of fact against the petitioner, the Supreme Court refused to grant leave to appeal. Furthermore, the Court declined to make any observations regarding potential criminal or civil remedies involving allegations of falsification of record and perjury by the Collector without a proper hearing, leaving it open for the petitioner to pursue independent legal remedies if so advised.
- Whether the Supreme Court will interfere with a concurrent finding of fact regarding the withdrawal of an appeal in a consolidation matter?
- Can a party agitate the motive or intention behind the withdrawal of an appeal when the actual fact of withdrawal is established?
- Is it proper for the court to make observations regarding criminal or civil remedies for falsification of record against an official without a proper hearing?
ORDER
MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought in a consolidation matter; against the dismissal by the High Court, of petitioner's Constitutional Petition.
The only question involved is of fact: as to whether, the petitioner had withdrawn his appeal before the Collector or not: The High Court held the inquiry wherein the Collector stated that .The petitioner had withdrawn the appeal. The argument of the learned counsel that there was no justifiable reason for the petitioner, in the circumstances of this case, to have withdrawn the appeal, relates to the motive and intention of the petitioner with which the High Court was not concerned. The finding of fact on the controversial question of actual withdrawal being against the petitioner, we do not find any justification for grant of leave to appeal, the same, accordingly, is refused. However, before closing this order it needs to be noticed that on the announcement of the order the learned counsel made a request that an observation may be made that the petitioner might seek remedies before Criminal and/or Civil Courts. In the circumstances of this case it would not be proper to make any such observation without further proper hearing in this behalf; because, it might involve the examination of a further question; whether, the Collector made incorrect record and similarly incorrect statement and thus he may be guilty of falsification of record and that of perjury. If so advised the petitioner may make an independent application in that behalf. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Judges on this bench
- Muhammad Afzal Zullah3,959 judgments
- Saad Saood Jan2,559 judgments