Col. (Retd.) M.R. HASSAN vs S.H.O MARGALLA, ISLAMABAD and others

This petition for leave to appeal was filed before the Supreme Court of Pakistan challenging an order passed by the High Court. The core legal question addressed by the Court was whether a petitioner can bypass the available remedy of an Intra-Court Appeal (I.C.A.) by approaching the Supreme Court directly. The Supreme Court declined to entertain the petition, holding that the petitioner failed to exhaust the alternative remedy of an Intra-Court Appeal available within the High Court's jurisdiction. Consequently, the Court dismissed the petition, granting the petitioner liberty to pursue the appropriate Intra-Court Appeal before the High Court if so advised. The principle established is that the Supreme Court will generally not entertain a petition for leave to appeal where an adequate and efficacious remedy, such as an Intra-Court Appeal, has not been exhausted by the aggrieved party. The Court emphasized the necessity of exhausting lower appellate forums before invoking the jurisdiction of the apex court, thereby reinforcing the procedural requirement of exhausting alternative legal remedies.