Pakistan Case Law
1998 SCMR 403

HABIB ULLAH SABIR vs SHAUKAT ALI KAZMI and others

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Citation1998 SCMR 403
CourtSupreme Court of Pakistan
Case No.Civil Petition No,362-L of 1997
Date1997-04-02
Judge(s)Zia Mahmood Mirza, Irshad Hasan Khan and Raja Afrasiab Khan
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan upon a petition seeking relief regarding the pendency of a writ petition filed by the respondent. The core legal question concerned the delay in the adjudication of the respondent's writ petition, which had remained at the motion stage for a duration of four months. The Court, after hearing arguments from the petitioner's counsel, declined to adjudicate on the merits of the underlying dispute. Instead, the Court exercised its discretion to dispose of the present petition by issuing a specific directive to the relevant forum. The holding of the Court was that the pending writ petition, identified as Writ Petition No. 22766 of 1996, should be resolved expeditiously. The Court established the principle that judicial efficiency is paramount, directing that the matter be concluded preferably within the current month to address the grievance of prolonged pendency at the motion stage. This decision emphasizes the supervisory role of the Supreme Court in ensuring the timely disposal of cases by lower courts without interfering with the substantive merits of the pending litigation.

Questions settled in this judgment
  • Can the Supreme Court direct a lower court to decide a pending writ petition within a specific timeframe?
  • Is a petition regarding the delay of a pending writ petition maintainable before the Supreme Court?
writ petitionexpeditious disposaljudicial delaymotion stagecase management

ORDER

1. ' After arguing the case at quite some length, learned counsel for the petitioner states that the only grievance of the petitioner is that the writ petition filed by respondent No,1 herein is at motion stage for the last four months. That being so, this petition is disposed of with the observation that writ petition No,22766 of 1996 may be disposed of expeditiously, preferably within this month.

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