ABDUL GHANI vs S. ALI ZULQARNAIN — 1972 SCMR 36

Citation: 1972 SCMR 36

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-02

Parties: ABDUL GHANI vs S. ALI ZULQARNAIN

Headnotes

Case cited as 1972 SCMR 36

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: ABDUL GHANI vs S. ALI ZULQARNAIN Case No.: Criminal Appeal No. 5 of 1971 Criminal Original No. 44 of 1968 Date of Judgment:1971-12-02 Reported As: 1972 SCMR 36 Result: Appeal accepted JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of an order of a learned Single Judge of the former High Court of West Pakistan, Lahore Seat, dismissing a petition under Article' 123 of the Constitution of 1962 in limine by a short order to the following effect :- "From the statement of facts, narrated in the petition, I do not feel inclined' to vindicate the personal grievance of the petitioner. The petition is dismissed. 2. The petitioner has made a prayer that a certificate should be given under Art. 58 of the Constitution. I do not find the necessity of certifying that an appeal to the Supreme Court should be made. The Certificate under section 58 of the Constitution is refused." Leave was granted in this case to consider whether, "in view of the assertions made by the petitioner in his petition under Article 123 of the Constitution", the learned Judge was justified in dismissing the petition in limine. The circumstances in which this application under Article 123 of the Constitution of 1962 came to be filed may briefly be stated as follows : It appears that on the complaint of the Secretary, Municipal Committee, Hafizabad, filed in the Court of the Sub-Divisional…

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