MUHAMMAD YOUSAF vs MUSHTAQ AHMAD
This matter arises from an appeal before the Supreme Court of Pakistan wherein the appellant sought to justify a delay in submitting the requisite paper books within the prescribed timeline following a leave grant order. The core legal question concerned whether the appellant's belated readiness to submit the paper books and compliance with procedural directives could cure the prior failure to adhere to the court's specific timelines and show-cause notice. The court held that the appellant's failure to comply with the directions contained in the show-cause notice and the interim status quo order rendered the subsequent belated actions nugatory. The Supreme Court established the principle that strict compliance with court directions and show-cause notices issued during proceedings is mandatory, and failure to prosecute or comply warrants the dismissal of the appeal.
- Does a belated attempt to submit paper books cure a prior failure to comply with court directions?
- What is the consequence of failing to comply with a show-cause notice issued by the Supreme Court?
- Can an appeal be dismissed for non-prosecution due to non-compliance with interim directions?
ORDER
' Mr. Mehr Khan Malik, learned Advocate-on-Record for the appellant states that his client is still within time to submit the requisite number of Paper Books at appeal stage in that the same can be filed within 60 days of the Leave Grant Order dated 16-2-2001. The Paper Books have been prepared and the same can be submitted in the Office any time, today.
2. Be that as it may, the fact remains that when the leave was granted on 16-2-2001 in the presence of the learned Advocate-on-Record and it was ordained that: "Both the parties should maintain status quo till the decision of the appeal which should be fixed within two months as a short point is involved". The expected compliance with notice dated 3-3-2001, today, the 19th instant, would be of no help to the appellant as he has failed to comply with the direction contained in the show-cause notice.
3. For the reasons detailed in the show-cause notice, the appeal is dismissed for non-prosecution.