IN THE SUPREME COURT OF PAKISTAN 
(Review Jurisdiction) 
 
 
PRESENT: 
 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, HCJ 
MR. JUSTICE JAVED IQBAL 
MR. JUSTICE MIAN SHAKIRULLAH JAN 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE NASIR-UL-MULK 
MR. JUSTICE RAJA FAYYAZ AHMED 
MR. JUSTICE MUHAMMAD SAIR ALI 
MR. JUSTICE MAHMOOD AKHTAR SHAHID SIDDIQUI 
MR. JUSTICE JAWWAD S. KHAWAJA 
MR. JUSTICE ANWAR ZAHEER JAMALI 
MR. JUSTICE KHILJI ARIF HUSSAIN 
MR. JUSTICE TARIQ PARVEZ  
MR. JUSTICE MIAN SAQIB NISAR 
MR. JUSTICE ASIF SAEED KHAN KHOSA 
Mr. JUSTICE SARMAD JALAL OSMANY 
MR. JUSTICE AMIR HANI MUSLIM  
MR. JUSTICE GHULAM RABBANI 
 
CIVIL REVIEW PETITION NO. 129/2010 IN CONST. P. NO. 76/2007  
& CIVIL REVIEW PETITION NO. 199/2010 IN CMA No. 2922/2010 IN 
C.R.P. NO. 129/2010 IN CONST. P. No. 76/2007  
 
The Federation of Pakistan through Secy. M/o Law, Justice and 
Parliamentary Affairs, Islamabad v. Dr. Mubashir Hassan, etc  
 
C.M.A.100 & 101/2010 in 
C.R.P.Nil/2010 in Const.P.76/2007  
 
Malik Muhammad Qayyum v. The Federation of Pakistan, etc  
 
C.M.A.246 & 247/2010 in 
C.R.P.Nil/2010 in Const.P.76/2007  
 
Abdul Baseer Qureshi v. Mubashir Hussain, etc  
 
C.M.A.248 & 249/2010 in 
C.R.P.Nil/2009 in Const.P.76/2007  
 
Naveed Ahsan v. Dr. Mubashir Hassan, etc 
 
C.M. Appeal 14/2010 in 
C.M.A.Nil/2010 in Const.P.76/2007  
 
Malik Muhammad Qayyum v. Federation of Pakistan  
 
C.M. Appeal 77/2010 in 
C.M.A.Nil/2010 in Const.P.76/2007  
 
Dr. Danishwar Malik v. The Federation of Pakistan & others 
 
CRP 129/2010 etc. 
2 
For the petitioner:  
 
 
Mr. Kamal Azfar, Sr. ASC 
 
 
(CRP 129/2010)  
 
 
Raja Abdul Ghafoor, AOR  
 
For the petitioner:  
 
 
Raja Abdul Ghafoor, AOR  
(CRP 199/2010) 
 
 
 
 
 
For the applicant/appellant:   
Mr. Wasim Sajjad, Sr. ASC  
(CMA 100 & 101  
 
 
Mr. Arshad Ali Chaudhry, AOR 
& CM Appeal 14/2010)  
 
 
 
For the applicant/appellant:  
Mr. Abdul Baseer Qureshi, ASC 
(CMA 246, 247, 248 & 249/2010) Ch. Akhtar Ali, AOR (absent) 
 
For the applicant/appellant:  
Dr. Khalid Ranjha, Sr. ASC 
(CM Appeal 77/2010) 
 
 
Mr. Faiz-ur-Rehman, AOR (absent)    
 
On Court notice:   
 
 
Maulvi Anwarul Haq 
 
 
 
 
 
 
Attorney General for Pakistan  
 
For the respondent No. 1: 
 
Mr. Mehr Khan Malkik, AOR 
(CRP 129/2010)  
 
Date of hearing:  
 
 
11.04.2011  
 
…  
 
ORDER 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. –  
CIVIL REVIEW PETITION NO. 199 OF 2010:  
 
 
The learned AOR for the petitioner does not press this 
review petition. Dismissed.  
CIVIL REVIEW PETITION NO. 129 OF 2010: 
2.  
 
Mr. Kamal Azfar, Sr. ASC read out a written statement (not 
filed in Court) and stated that though it was always a privilege to 
appear and assist the apex Court, but in the instant case, the 
Federation of Pakistan had taken away brief from him, and instructed 
Dr. Khalid Ranjha to appear and argue the case. It was pointed out to 
him that in his letter dated 30th October, 2010, after having tendered 
resignation from the post of Advisor to the Prime Minister against 
which he was appointed a day or so before the hearing of the petition 
fixed on 13th October, 2010, he had stated that he was available to 
argue the case. The contents of the letter are reproduced below: -  
CRP 129/2010 etc. 
3 
“This has reference to your letter dated 29 October 2010 
Ref: C.R.P. No. 129 of 2010 SCJ.  
 
I have subsequently resigned on 19th October 2010 by 
letter addressed to the President of Pakistan and also 
informed the Pakistan Bar Council by the letter dated 27 
October 2010.  
 
Copies of my resignation to the president of Pakistan and 
the letter to the Pakistan Bar Council are attached.  
 
I hope this clarifies the position that acceptance of 
resignation is not necessary in this case.”   
 
As has been observed in the case of Hafiz Hamdullah V/s 
Saifullah Khan, Karachi PLD 2007 Supreme Court 52 at 
page 67: “The authority to whom the act of relinquishment 
is communicated is not required to take any action and the 
relinquishment takes effect from the date of such 
communication where the resignation is intended to 
operate in presenti. 
 
I hope this clarifies the position that acceptance of 
resignation is not necessary in this case.”    
 
3.  
 
In the above background, we have pointed out to Mr. 
Kamal Azfar, learned Sr. ASC that in the light of the order dated 5th 
April, 2011 passed by one of us (Iftikhar Muhammad Chaudhry, CJ) in 
Chambers, his presence would be appreciated as being the lead 
counsel he has to appear in the Court. Therefore, no one else on his 
behalf can be allowed to argue the case at this stage, as in terms of 
Order XXVI rule 6 of the Supreme Court Rules, 1980, no unavoidable 
circumstances exist for exercising such power. Even otherwise, as is 
apparent from the cases reported as Muhammad Younas v. State (PLD 
2005 SC 93), Mukhtar Ahmad v. State (PLD 2003 SC 126), Feroze Din 
v. Sardar Muhammad (2002 SCMR 1993), H. Malik Amanullah v. 
Khyber Khan (2008 SCMR 1723) as well as the recent order dated 1st 
April, 2011 passed in Civil Review Petition No. 46 of 2011 in 
Constitution Petition No. 10 of 2011 etc., this Court has always 
discouraged 
substitution 
of 
counsel 
except 
in 
unavoidable 
circumstances, therefore, permission to substitute counsel at this 
CRP 129/2010 etc. 
4 
stage, that too subject to law, cannot be granted. On this, he prayed 
for a short adjournment to seek instructions. Accordingly, we re-
assembled at 11.30 a.m. He stated that some more time be given to 
him so that he may contact the competent authority. In the interest of 
justice, we adjourn this case for 12.04.2011.   
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.  
 
 
 
JAVED IQBAL, J.   
 
 
 
 
MIAN SHAKIRULLAH JAN, J.  
 
 
 
TASSADUQ HUSSAIN JILLANI, J.  
 
 
NASIR-UL-MULK, J.  
 
 
 
 
RAJA FAYYAZ AHMED, J.  
 
 
 
MUHAMMAD SAIR ALI, J.  
 
 
 
MAHMOOD AKHTAR SHAHID SIDDIQUI, J.  
JAWWAD S. KHAWAJA, J.  
 
 
 
ANWAR ZAHEER JAMALI, J.    
 
 
KHILJI ARIF HUSSAIN, J.  
 
 
 
TARIQ PARVEZ, J.  
 
 
 
 
MIAN SAQIB NISAR, J.   
 
 
 
 
ASIF SAEED KHAN KHOSA, J.  
 
 
SARMAD JALAL OSMANY, J.  
 
 
 
AMIR HANI MUSLIM, J.   
 
 
 
GHULAM RABBANI, J.   
 
 
  
Islamabad,  
April 11, 2011  
 
 
APPROVED FOR REPORTING