1991 SCMR 1340

SULTAN AZAM SHAH And Others vs MEMBER, BOARD OF REVENUE And Other

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Citation1991 SCMR 1340

CourtSupreme Court of Pakistan

Case No.Civil Petition No.913 of 1987

Date1989-06-12

Judge(s)Javid Iqbal and Ghulam Mujaddid

ResultLeave granted

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This matter arises from a petition before the Supreme Court of Pakistan concerning the interpretation and operation of paragraph 24 of Martial Law Regulation No. 115. The core legal question involves determining the proper scope and effect of the said regulatory provision. The court granted leave to appeal to examine this question of law of public importance. As part of its interim holding, the court ordered the petitioners, who are currently in possession, to furnish a bank guarantee for a sum of Rs. 95,000 within a month while the interim order continues and the appeal is prepared for hearing following the summer vacation. The key principle established relates to the grant of leave to appeal to settle substantial questions of law involving martial law regulations and the imposition of conditional interim safeguards for parties in possession.

Questions settled in this judgment

What is the correct interpretation and operation of paragraph 24 of Martial Law Regulation No. 115?
Under what conditions may the Supreme Court require a party in possession to furnish a bank guarantee upon granting leave to appeal?

Laws & provisions referred

Paragraph 24, Martial Law Regulation No. 115

Martial Law Regulation No. 115leave to appealinterpretation of statutesinterim orderbank guaranteesupreme court practice

ORDER

1. GHULAM MUJADDID, J: --The question of law of public importance involved in this petition is the interpretation and operation of para. 24 of the Martial Law Regulation No.115.

2. We accordingly grant leave to appeal to examine the same.

3. Security Rs.5,000.

4. The appeal to be made ready on the present record. The parties if they so wish may file additional documents within two months.

5. Learned counsel for the respondents submits that now that leave has been granted, an order be made to safeguard the interest of the respondents.

6. The petitioners are in possession and they have to, therefore, furnish bank guarantee for a sum of Rs.95,000 within a month. Interim order to continue.

7. Office to make sure that the appeal is complete so that it may be set down for hearing on re- opening of the Supreme Court after summer vacation.