THE JOINT DIRECTOR, NATIONAL SAVING,. 121-D GULBERG-II, LAHORE and anothers vs Mst. NASEEM AKHTAR and anothers
This matter came before the Supreme Court of Pakistan as a petition for leave to appeal arising from a pending writ petition in the High Court. The core legal question was whether the Supreme Court should adjudicate the matter while the substantive writ petition remained pending before the High Court. The Supreme Court, with the mutual consent of the parties, declined to press the petition further on the condition of an expeditious disposal of the pending High Court matter. The Court directed the High Court to hear and decide the pending Writ Petition No. 4104 within three months. Additionally, the Court ordered that the interim relief previously granted by the Supreme Court on July 15, 1997, would continue to remain in force until the final hearing of the writ petition in the High Court. Consequently, the petition was disposed of with these observations.
- Whether the Supreme Court will decide a petition for leave to appeal on the merits when the underlying writ petition is still pending adjudication before the High Court?
- Can the Supreme Court direct a High Court to decide a pending writ petition within a specified timeframe?
- Whether an interim relief granted by the Supreme Court can be ordered to continue during the pendency of proceedings remitted to the High Court?
ORDER
1. ' RAJA AFRASIAB KHAN, J.---We have heard Mr. Sher Zaman Khan, learned Deputy Attorney-General appearing on behalf of the petitioners and Mr. Qadeer Ahmad Siddiqui, learned counsel for the respondents at some length. The learned counsel states that the writ petition is still pending adjudication before the High Court and in case, it is expeditiously disposed of, he will not press this petition. Learned counsel for the respondents has no objection to the suggestion of the petitioners' counsel. He is satisfied with this statement. In these circumstances, the Writ Petition No,4104 pending between the parties in the High Court may be heard and decided within three months. The interim relief which has already been granted by this Court on 15-7-1997 shall continue till the final hearing of the said writ petition. With this observation, this petition stands disposed of.