SHAUKAT HAYAT KHAN And Others vs GOVERNMENT OF N. W.F.P. And Other

This matter originated as a petition for leave to appeal against a judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 13-6-1989. The core legal question before the Supreme Court of Pakistan concerned the propriety of the High Court granting partial relief to the respondent-Government in motion proceedings without providing notice to the petitioners. Upon hearing arguments, the Supreme Court granted leave to appeal. The Court held that the matter warranted reconsideration, specifically addressing the procedural irregularity of the High Court's decision-making process in the absence of the petitioners. Consequently, the Supreme Court directed that the case be remanded to the Peshawar High Court for a re-hearing of the revision petition. The Court established the principle that judicial relief, particularly in revision proceedings, cannot be granted to one party in motion proceedings without affording the opposing party notice and an opportunity to be heard, as this violates fundamental principles of natural justice and fair procedure. The petitioners were ordered to furnish security, and parties were granted liberty to file further documentation for the final disposal of the appeal.