Sheikh ASHIQ HUSSAIN vs CENTRAL GOVERNMENT OF PAKISTAN Through Chief Settlement Commissioner Lahore And Other
This matter arises from a petition for leave to appeal filed by Sheikh Ashiq Hussain against the judgment of the Peshawar High Court dated 20-6-1989. The core question before the Supreme Court of Pakistan was whether leave to appeal should be granted to examine the correctness of the impugned judgment. Upon hearing the arguments of the learned counsel for the petitioner and reviewing the facts, the court granted open leave to appeal to examine the whole case. The holding of the court is that the appeal shall proceed upon the furnishing of security by the petitioner in the sum of Rs.5,000, on the basis of the existing record, with liberty granted to the parties to bring on record any further documents necessary for the full and final disposal of the appeal. The key principle laid down is that open leave to appeal may be granted when the case warrants a comprehensive review of the entire matter upon furnishing requisite security.
- Whether open leave to appeal can be granted to go into the whole case?
- What are the terms regarding security when leave to appeal is granted by the Supreme Court?
ORDER
RUSTAM S. SIDHWA, J.---This is, a petition by Sheikh Ashiq Hussain, petitioner, seeking leave to appeal against the judgment of the Peshawar High Court dated 20-6-1989.
2. The learned counsel for the petitioner has taken us through the facts of the case, as recorded in his petition. We have also heard his arguments in the said respect.
3. Open leave is granted to go into the whole case. The petitioner shall furnish security in the sum of Rs.5,000. The appeal shall be heard on the basis of the present record. The parties are at liberty to bring on record such further documents as they consider necessary for the full and final disposal of the appeal.