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Petitioner: MUHAMMAD AFZAL VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s):Fakhruddin G. Ibrahim, Sheikh Anwarul Haq, Muhammad Afzal Zullah,
Muhammad Haleem Title: MUHAMMAD AFZAL vs The STATE Case No.: Criminal Review Petition No. 23-R of 1980 Date of Judgment:1981-11-21 Reported As: 1981SCMR 1089 Result: N/A Judgment ORDER MUHAMMAD HALEEM, J.--In this review petition, the grievance of the petitioner is that although the appeal was heard on 18th l.February, 1980, by a Bench comprised of the Chief Justice, myself, G. Safdar Shah and Muhammad Afzal Zullah, JJ., yet the opinion of the Court as delivered on 31st of May, 1980, at Lahore, by only three Judges, that is myself, G. Safdar Shah and Muhammad Afzal Zullah, JJ and as such, it was a nullity in the eye of law. This submission has substance for, in fact, the appeal was heard, as contended above, by the Chief Justice as inadvertence his name was omitted from the panel of the Judges mentioned in the judgment sheet therefore, the copy of the judgment was not circulated to him and he did not give his opinion accordingly which shortcoming opinion, merits rehearing of the appeal. Accordingly, he would recall the judgment dated 31st of May, 1980, and direct that the appeal be listed for hearing before the present Beach, hearing the review petition, on 25th of November, 1980, with notice to the Advocate-General, Punjab. The counsel for the petitioner is notified of the date. Review allowed.