sharif2uys/supreme-court-of-pak-judgments huggingface dataset:
IN THE SUPREME COURT OF PAKISTAN  
(Appellate Jurisdiction) 
 
 
 
 
PRESENT: 
MR. JUSTICE GULZAR AHMED 
MR. JUSTICE DOST MUHAMMAD KHAN  
MR. JUSTICE TARIQ PARVEZ 
 
Civil Appeal Nos.1109 of 2013 to 1111 of 2013 and 
Civil Appeal Nos.1424 of 2014 to 1428 of 2014  
 
Nematullah  
 
 
 
 
(in C.A.1109/2013) 
Najeebullah  
 
 
 
 
(in C.A.1110/2013) 
Faridullah Khan  
 
 
 
(in C.A.1111/2013) 
Miss Sherin  
 
 
 
 
(in C.A.1424/2014) 
Miss Zar Afshan  
 
 
 
(in C.A.1425/2014) 
Johar Shah & others  
 
 
 
(in C.A.1426/2014) 
Miss Asfa Gul 
 
 
 
 
(in C.A.1427/2014) 
Matiullah 
 
 
 
 
 
(in C.A.1428/2014) 
 
 
 
 
 
 
 
 
… Appellants 
 
Versus  
Chairman Govt. Body WWB/Secy. To Govt. of KPK Labour Dept. & others 
 
 
 
 
 
(in C.As.1109/2013 and 1111/2013) 
Workers Welfare Fund thr. Chairman, Islamabad & others  
 
 
 
 
 
 
 
 
(in C.As.1424/2014 to 1428/2014) 
 
 
    
 
 
 
 
 
 
...Respondents  
 
For the appellants: 
 
Barrister Masood Kausar, Sr. ASC. 
 
For the respondent: 
 
Nemo. 
 
 
 
 
 
Mr. Umar Khan, Law Officer, W.W.B. 
 
Date of hearing: 
 
 
9.3.2016 
 
 
 
ORDER 
 
Learned counsel for the respondent has sent an application for 
adjournment on the ground that his aunt has expired and he has to 
attend her funeral. Adjourned. Let it be fixed after two weeks.   
 
 
Judge  
 
 
 
Judge  
 
 
 
Judge  
 
Islamabad, the   
9th March, 2016 
Naveed Ahmad
In the Supreme Court of Pakistan 
(Appellate Jurisdiction) 
 
 
Present: 
Mr. Justice Anwar Zaheer Jamali, HCJ 
Mr. Justice Amir Hani Muslim 
Mr. Justice Umar Ata Bandial 
 
Civil Appeals No.1125 & 1126 of 2014. 
(On appeal from judgment of Lahore High Court, Rawalpindi Bench  
dated 10.4.2014, passed in RFAs No.144 & 145 of 2003, respectively) 
 
Sheikh Muhammad Ilyas Ahmed, etc   
 (in CA-1125/14) 
Hamid Bashir, etc   
  
 
 
(in CA-1126/14) 
…Appellants 
Versus 
Pakistan through Secretary Ministry of Defence, Islamabad, etc 
… Respondents 
For the appellant:  
Mr. Altaf Elahi Sheikh, Sr. ASC 
 
For the Federation: 
Mr. Sohail Mehmood, DAG. 
Sqd. Ldr. Farhat Rafiq. 
 
Date of hearing: 
 
29.10.2015 
 
JUDGMENT 
 
 
 
Anwar Zaheer Jamali, C.J. – For the reasons set out in the 
applications for condonation of delay, the delay in filing of these 
appeals is condoned and the appeals are taken up for hearing on merit. 
2. 
At the outset, learned ASC for the appellants has made a 
statement at the bar that in view of announcement of judgment by this 
Court today in connected Civil Appeals No.1120 to 1124 of 2014, the 
appellants are not pressing these appeals for seeking further 
enhancement in the amount of compensation, but only to the extent of 
non awarding of interest on the amount of compensation, as mandated 
C.A No.1125/2014, etc 
2
under section 34 of the Land Acquisition Act, 1894 (in short “the Act of 
1894”), which has been withheld for no valid reasons. 
3. 
A bare reading of above referred provision of the Act of 
1894 reveals that awarding of such interest is statutory in nature, which 
cannot be withheld. Thus, the appellants are fully entitled for grant of 
compound interest at the rate of eight percent per annum from the 
date of taking possession of acquired land till the date of payment of its 
compensation, but for no valid reasons, such relief has escaped the 
sight of the two Courts below. 
4. 
This being the position, these appeals are partly allowed to 
the extent that the appellants will also be entitled for compound 
interest at the rate of eight percent per annum from the date when 
possession of the acquired land was taken over from them till the time, 
compensation in terms of the impugned judgment dated 10.4.2014, is 
paid to them. 
 
 
 
 
 
Islamabad, 
29th October, 2015. 
Approved for reporting. 
تﻗادﺻ 
Chief Justice 
 
 
Judge 
 
 
Judge
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Faisal Arab 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Civil Appeal No.303 of 2014 
(Against 
judgment 
dated 
28.10.2013 
of 
the 
Peshawar High Court D.I. Khan Bench passed in 
C.R. No.195 of 2010) 
 
Ahmad Bakhsh (deceased) through LRs 
  
 
…Appellant(s) 
 
 
 
 
 
Versus 
 
Ameer Ali Khan 
…Respondent(s) 
 
For the Appellant(s): 
Mr. Anwar Khan, ASC 
 
For the Respondent(s): 
Mr. M. Waheed Anjum, ASC 
 
Mr. Mehmood A. Sheikh, AOR 
 
Date of hearing: 
03.03.2020. 
 
JUDGMENT 
 
 
 
Qazi Muhammad Amin Ahmed, J.-Ahmed Bukhsh, 
predecessor-in-interest, pre-empted sale through mutation dated 
14.9.1999, asserting his superior right of being a co-sharer in the 
estate; Ameer Ali, vendee/respondent, contested the suit, decreed 
by the trial Court vide judgment and decree dated 7.1.2000,  
a finding maintained by the Appellate Court, however, reversed by 
the High Court vide judgment dated 28.10.2013, for failure to 
perform Talabs in accordance with law, vires whereof are being 
impugned through this right appeal.  
2. 
 
The High Court recapitulated plaintiff’s evidence 
regarding performance of Talabs and found it fraught with 
contradictions, discrepancies and improvements to arrive at a 
conclusion that Talabs were not performed in accordance with law.  
3. 
 
With the assistance of learned counsel for the 
appellants, we have examined the record. Notice (Ex.PW-5/1), 
purportedly issued by the plaintiff sans reference to Khalid (PW-5), 
a witness produced to prove Talab-i-Ishhad; he surfaced for the 
first time on 14.5.2009 to depose that he along with the plaintiff 
 Civil Appeal No.303 of 2014 
2
was present in a Baithak when Hameedullah (PW-3) disclosed the 
factum of sale; Hameedullah when himself examined remained 
silent, conspicuously omitted any such encounter with Khalid PW. 
Witnesses are also discrepant on other relevant details regarding 
time and manner, the Talabs were made; contradictions are such 
in nature that stance taken by one witness cannot be accepted 
without first excluding the others’ and vice versa; the High Court 
has been justified to exclude their statements from consideration 
and, on our own independent analysis, conclusion being 
irresistible, we have not been able to persuade ourselves to take a 
contra view. Appeal fails. Dismissed.   
 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
3rd March, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
 
(Appellate Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, C.J 
MR. JUSTICE IJAZ AHMED CHAUDHRY 
MR. JUSTICE GULZAR AHMED 
 
 
CIVIL APPEAL NO. 427 OF 2013 
 
 
 Moulana Agha Muhammad  
…. Appellant 
Versus 
 
Returning Officer, NA 261 Pishin cum Ziarat & others 
…. Respondents 
 
For the Appellant 
 
Mr. Kamran Murtaza, ASC 
 
For the Respondents  
Nemo 
 
For the Applicant 
 
Mr. Muhammad Ikram Chaudhry, ASC 
(in CMA No.3012/13) 
 
Date of hearing   
 
31.5.2013 
 
 
O R D E R 
 
 
 
In this case petitioner’s nomination papers were 
rejected for the elections from NA 261 Pishin cum Ziarat vide 
order dated 7.4.2013 and against the rejection of nomination 
papers appeal filed by him also failed before the Election 
Tribunal, Balochistan at Quetta on 17.4.2013.  Against both 
these orders petitioner preferred a Constitution Petition before 
the High Court of Balochistan, Quetta, which was dismissed on 
19.4.2013 through a short order followed by detailed reasons 
dated 6.5.2013.  Against the order of the learned High Court 
Civil Petition for Leave to Appeal was filed in which leave to 
CA 427/2013 
2 
appeal was granted on 23.4.2013.  Simultaneously the 
operation of all the three orders dated 7.4.2013, 17.4.2013 and 
19.4.2013 operating against the appellant was suspended.   
2. 
 
Learned counsel for the appellant stated that 
appellant has been declared successful and a notification has 
also been issued.  We have pointed out to him that the result of 
the election shall be subject to the decision of the appeal 
pending before this Court, therefore, in the interest of justice we 
restrain the appellant from taking oath of the office of the 
Member of National Assembly NA 261 Pishin cum Ziarat.  
However, no sooner the appeal is decided the law shall take its 
own course.  At the request of the learned counsel hearing is 
adjourned to 12th June, 2013. 
3. 
 
Mr. Muhammad Ikram Chaudhry, learned ASC has 
submitted 
an 
application 
(CMA 
No.3012/2013) 
for 
impleadment.  Notice of the same be issued to the appellant as 
well as to the respondents.  In the meanwhile notice to the 
learned Attorney General for Pakistan and the Election 
Commission be also issued. 
 
Chief Justice 
 
Judge 
 
Judge 
Islamabad 
31.5.2013 
(Zulfiqar)
IN THE SUPREME COURT OF PAKISTAN 
(Review Jurisdiction) 
  
PRESENT: 
  
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE MIAN SHAKIRULLAH JAN 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE NASIR-UL-MULK 
MR. JUSTICE MUHAMMAD SAIR ALI 
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 EJAZ AFZAL KHAN 
MR. JUSTICE IJAZ AHMED CHAUDHRY 
MR. JUSTICE GULZAR AHMED 
MR. JUSTICE MUHAMMAD ATHER SAEED 
  
CMA NO.  1427 OF 2011  
IN CIVIL REVIEW PETITION NO.129/2010  
IN CONST. P. 76/2007  
  
[Reply to Show Cause Notice dated 18.04.201 issued to Syed Nasir Ali 
Shah, Solicitor General, Ministry of Law and Justice, Islamabad]  
  
Federation of Pakistan through Secretary  
M/o Law, Justice and Parliamentary Affairs, Islamabad  
                        vs.  
Dr. Mubashir Hassan, etc.   
  
Syed Nasir Ali Shah:                    In person  
  
On Court notice:                         Maulvi Anwar-ul-Haq 
                                                Attorney General for Pakistan 
  
Date of hearing:                          25.11.2011  
…  
  
O R D E R 
  
                Syed Nasir Ali Shah, former Solicitor General appeared in 
response to notice communicated to him through the learned Attorney 
General for Pakistan and stated that he is no more in the service and 
has been retired. He has full respect for the Court and by tendering 
unconditional apology throws himself at the mercy of the Court. As we 
have already granted pardon to Raja Abdul Ghafoor, AOR and also 
taking into consideration the sincere statement made by Syed Nasir Ali 
Shah as well as keeping in view that he has been retired from service, 
we accept his apology and discharge the notice.      
  
         
Islamabad, the 
25th November, 2011
IN THE SUPREME COURT OF PAKISTAN 
 
       (Original Jurisdiction) 
 
 
 
 
Present 
 
 
 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ.  
 
 
 
Mr. Justice Jawwad S. Khawaja 
 
 
 
Mr. Justice Khilji Arif Hussain 
 
CMAs Nos.3685-3686/12 
(6th and 7th progress report by the NAB in RPPs Case) 
 
 
 
IN 
Human Rights Case No.7734-G/2009 
 
On Court’s Notice: 
Mr. Fauzi Kazmi, ADPGA 
 
 
 
 
Mr. Raza Khan, Director 
 
 
 
 
Mr. Kamran Faisal, Astt. Director/I.O. 
 
Date of hearing :  
  14.09.2012. 
 
 
 
 
 
O R D E R 
 
Iftikhar Muhammad Chaudhry, CJ.  In this case judgment was 
passed as back as on 30th March, 2012 wherein alleged corruption in 
rental power plants contracts was highlighted in its different paras. In 
paragraphs  25 and 27 as well as in the concluding paragraph of the 
impugned judgment dated 30th March, 2012 corruption and corrupt 
practices has been specifically mentioned as well as criminal actions on 
the part of the persons who had taken the benefits. In fact, the judgment 
itself speaks about the misappropriation made by the concerned 
authorities. Despite specific directions for implementing the judgment 
in letter and spirit the NAB authorities had intentionally avoided to 
implement 
the 
same 
which 
is 
a 
clear 
violation 
of 
directions/observations of this Court and thereby prima facie 
committed contempt of Court as envisaged under Article 204 of the 
Constitution read with Section 3 of the Contempt of Court Ordinance, 
2003. Mr. Fauzi Kazmi, ADPG NAB when questioned, stated that 
Muhammad Rafi, Amir Shahid, Ashgar Khan and presently Kamran 
Faisal is the I.O. in the case. Mr. Raza Khan, Zahir Shah were also 
supervising the investigation. One Col. Shahzad Anwar Bhatti, D.G. 
was also heading the investigation team. Show Cause notice be issued 
to the Chairman NAB as well as the above named officers to appear 
and show cause as to why the contempt proceedings may not be 
initiated against them for non-implementing the Court judgment. We 
may note that the Chairman NAB shall be responsible if the officers 
responsible for delaying the implementation of this Court’s judgment 
are gone out of country or take any other evasive measures. The reply 
to the show cause notice shall be submitted within seven days. The case 
shall be relisted on 25th September, 2012.  
 
 
 
 
 
 
 
 
 
 
 
CJ. 
 
 
 
 
 
 
 
 
 
 
J. 
 
 
 
 
 
 
 
 
 
 
J. 
Islamabad, 
 
14.09.2012. 
M. Azhar Malik
IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Gulzar Ahmed 
Mr. Justice Sh. Azmat Saeed 
 
 
 
 
C.M.A. NO.64 OF 2013 IN CONST.P.87 OF 2011 
AND 
C.R.P. NO.191 OF 2012 IN CONST. P.NO.87 OF 2011 
 
 
Workers Party Pakistan, etc. 
… Petitioner (s) 
 
 
 
 
VERSUS 
Federation of Pakistan, etc. 
… Respondent (s) 
 
 
For the Applicant/ 
Petitioner 
: Mr. Bilal Hassan Minto, ASC 
 
  
For the Federation 
: Mr. Irfan Qadir, 
Attorney General for Pakistan 
Mr. Dil Muhammad Alizai, DAG 
 
  
For the ECP 
 
: Mr. Muhammad Munir Piracha, Sr. ASC 
Mr. Abdul Rehman,  
Additional Director General (Elections) 
 
  
Date of Hearing 
: 30.04.2013 
 
ORDER 
 
 
 
Learned counsel for the Election Commission of 
Pakistan (ECP) stated that the ECP has already incorporated 
directions, observations and suggestions of the Court in the Code 
of  Conduct  or  the Rules framed under the Representation of the  
 
 
CMA.64/13 in Const.P.87/11, etc. 
 
     - 2 - 
 
People Act, 1976 (ROPA). However, we have noticed that the 
Executives who are bound to assist the ECP for holding honest, 
free and fair general elections are required to ensure protection to 
the life and property of the citizens, voters and candidates 
throughout the country because a peaceful and congenial 
atmosphere persuades the voters, citizens and the candidates to 
show their full participation in the process of general elections 
throughout the country. There are certain areas where the life and 
property of the citizens, voters and the candidates, prima facie, 
seem to be not protected, as has been reported in the media about 
the incidents of bomb explosions, suicides and murders, etc. 
Therefore, we direct to the Chief Secretaries of the Provinces and 
the Chief Commissioner, ICT to ensure complete control of law 
and order situation throughout the country so the process of the 
general elections is completed peacefully. 
2. 
 
The learned counsel stated that the ECP is already 
focusing on this subject and on its behalf it is being ensured that all 
possible efforts/steps shall be taken to provide peaceful and 
congenial atmosphere to the voters, citizens and the candidates so 
they  may  run  their  campaign  for  the  forthcoming  General  
 
 
 
CMA.64/13 in Const.P.87/11, etc. 
 
     - 3 - 
 
Elections and also ensure their attendance at the Polling Stations 
on the day of polling for exercising the Right of Adult Franchise. 
3. 
 
Adjourned to a date in Office after two (02) weeks.  
 
 
 
 
 
CJ. 
 
 
 
 
 
Islamabad 
J. 
 
30th April, 2013. 
Mahtab/* 
J.
IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Gulzar Ahmed 
Mr. Justice Sh. Azmat Saeed 
 
Constitution Petition No.1 of 2013 
(Regarding Killing of 20 years old Shahzeb Khan in Karachi) 
 
 
Voluntarily appeared 
: Mr. Abdul Hafeez Pirzada, Sr. ASC, with 
Sikandar Jatoi. 
 
On Court Notice 
: Mr. Abdul Fateh Malik, A.G.Sindh. 
Mr. Muhammad Qasim Mirjat, Addl.A.G. 
Mr. Fayyaz Leghari, IGP Sindh. 
Mr. Shahid Hasnat, DIG, South Karachi. 
Mr. Ali Sher Jhakrani, AIG Legal, Karachi. 
Mr. Faizullah Korejo, SSP (Inv). 
Mr. Mubeen, SIO, Boat Basin. 
 
Date of Hearing 
: 10.01.2013 
 
ORDER 
 
 
Mr. Abdul Hafeez Pirzada, Sr. ASC stated that Sikandar 
Jatoi appeared and had obtained bail before arrest for one day 
from the Lahore High Court with a commitment that he would 
appear before the Supreme Court of Pakistan.  We have pointed 
out to him that this Court has not issued notice for his 
appearance, he has to join investigation with the police and 
besides making this observation, we cannot give any further relief 
to him. 
2. 
 
Report has been submitted by Mr. Shahid Hasnat, DIG 
who stated that Shah Rukh Jatoi has been traced in Dubai, efforts 
Const.P.No.1 of 2013 
- 2 - 
 
are being made for bringing him back to Pakistan, therefore, they 
need some time.  Adjourned to 16.01.2013. 
 
 
 
 
 
CJ. 
 
 
 
Islamabad 
J. 
10.01.2013 
*Hashmi* 
J.
IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
    
PRESENT: 
 
 
Mr. Justice Umar Ata Bandial, CJ 
 
 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Syed Mansoor Ali Shah  
 
 
Mr. Justice Munib Akhtar  
Mr. Justice Yahya Afridi 
Mr. Justice Sayyed Mazahar Ali Akbar Naqvi 
 
 
Mrs. Justice Ayesha A. Malik 
 
CONSTITUTION PETITION NO.24 TO 26 OF 2023 
(Trials of Civilian under the Army Act, 1952 is violative of Constitution) 
 
AND  
C.M. APPEAL NO. 80 OF 2023 IN CONST. PETITION NIL OF 2023  
(Declaration of trial of civilians under the Army Act, 1952 as unconstitutional, void and 
of no legal effect.) 
 
 
Jawwad S. Khawaja 
(in Const.P.24/2023) 
 
 
 
Aitzaz Ahsan  
(in Const.P.25/2023) 
 
 
 
Karamat Ali and others  
(in Const.P.26/2023) 
 
 
 
Imran Ahmed Khan Niazi 
(in C.M. Appeal 80/2023) 
  … Petitioner(s) 
 
 
Versus 
 
Federation of Pakistan, etc.  
(in Const.P.24/2023) 
               
 
 
 
 
Federation of Pakistan through the 
Secretary, Ministry of Law and Justice, 
Islamabad and others  
(in Const.P.25-26/2023) 
 
 
 
Federation of Pakistan through Ministry 
of Defence through its Secretary and 
other  
(in C.M. Appeal 80/2023) 
 
 
 
…Respondent(s) 
 
 
CONST. P. 24 OF 2023 ETC. 
 
 
 
 
 
2
For the petitioner(s)  : Kh. Ahmad Hosain, ASC 
(in Const.P.24/2023) 
 
Sardar Muhammad Latif Khan 
Khosa, Sr. ASC 
(in Const.P.25/2023) 
 
 
Mr. Faisal Siddiqi, ASC 
(in Const.P.26/2023) 
 
Mr. Shoaib Shaheen, ASC 
Mr. Ajmal Ghaffar, ASC 
Syed Rifaqat Hussain Shah, AOR 
(in C.M. Appeal 80/23) 
 
 
 
For the Federation  
: Mr. Mansoor Usman Awan, 
Attorney General for Pakistan 
Ch. Aamir Rehman, Addl. AGP 
 
 
 
Date of hearing  
: 22.06.2023. (1:30 pm)  
 
O R D E R 
 
 
We have heard the submissions made by Sardar Latif 
Khan Khosa, Sr. ASC, learned counsel for the petitioner in Const. 
P. No. 25 of 2023. To come up tomorrow for submissions by 
Mr.Faisal Siddiqui, ASC for the petitioner in Const. P. 26 of 2023 
followed by learned counsel for the petitioners in other petitions.  
2. 
 
Issue notice to all the respondents in the listed 
petitions. Notice shall also be issued to the learned Attorney 
General for Pakistan in terms of Order XXVIIA CPC on the 
constitutional questions raised in these petitions for our 
determination. 
3. 
 
Learned Attorney General for Pakistan who is present 
during the proceedings today has been asked to provide the 
following information to the Court: 
i) 
Total number of detenues in the civil and military 
custody on account of offences allegedly committed 
by them under any law in the incidents occurred 
on 9th May, 2023 or thereafter?  
CONST. P. 24 OF 2023 ETC. 
 
 
 
 
 
3
ii) 
How many of such detenues are women and 
juveniles? 
iii) 
How many Advocates/Journalists are in civil and 
military custody? 
    
 
 
To come up tomorrow i.e. 23.06.2023 at 9:30 am 
 
         
 
  
 
 
 
 
Chief Justice 
 
 
Judge 
 
 
 
 
 
 
 
 
Judge  
 
Judge  
 
 
 
 
 
 
 
Judge  
 
 
 
 
Judge 
 
 
 
Judge 
 
 
 
 
 
Islamabad, 
22.06.2023.
IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE MUHAMMAD ATHER SAEED 
 
CONSTITUTION PETITION NO. 32 OF 2013 
(Constitutional petition under Article 184 of the Constitution 
against the order of Election Commission regarding counting 
of all the rejected votes in NA 266, Nasirabad/Jafferabad) 
 
Mir Zafarullah Khan Jamali 
 
 
 
… Petitioner 
VERSUS 
Election Commission of Pakistan and others 
… Respondents 
 
For the Petitioner: 
In person 
 
For the Respondent: 
N.R.  
 
Date of Hearing:  
24.05.2013 
 
ORDER 
 
 
 
TASSADUQ HUSSAIN JILLANI, J.- Petitioner in 
person submits that he is a returned candidate from the National 
Assembly Seat NA-266 Jafferabad cum Naseerabad, Balochistan; 
that the Election Commission of Pakistan vide the notification 
dated 22.5.2013 has already notified the petitioner as a Member of 
the National Assembly; that on the application of one of the 
defeated candidates, the Election Commission of Pakistan vide the 
order dated 22.5.2013 has directed that recounting of rejected 
votes be carried out and report be submitted to the Commission by 
25.5.2013; that the Returning Officer has not so far carried out 
recounting; that the ex-parte order is unjust, arbitrary and against 
the law declared by this Court as also by the High Court; that the 
proper remedy for a defeated candidate after the Elections have 
been notified was to file an Election Petition under Section 52 of 
the Representation of the People Act; that a few days prior to the 
polling day, the Deputy Commissioner and Commissioner, 
Constitution Petition No. 32/2013 
2 
Naseerabad were transferred on the direction of the Caretaker 
Government and that petitioner apprehends that after the polling 
day i.e. between 11.5.2013 and 22.5.2013 the sanctity of the ballot 
papers may have been compromised.  
2. 
 
On court query as to why the petitioner has filed the 
petition directly before this Court under Article 184(3) of the 
Constitution when he has a remedy of moving the learned High 
Court, petitioner submitted that he got to know about the order of 
the Election Commission when he was in Islamabad and there was 
not sufficient time to move the Balochistan High Court. He adds 
the he is prepared to withdraw this petition to move the learned 
High Court but till then the order of the Election Commission of 
Pakistan dated 22.5.2013 be suspended.  
3. 
 
Petitioner primarily has voiced an individual grievance. 
However, in view of the fact that the petition is directed against an 
ex-parte order and he has leveled serious allegations in the 
petition, while permitting him to move the learned High Court, we 
are persuaded to dispose of this petition with the observation that 
let the petitioner move the proper High Court against the order of 
the Election Commission of Pakistan within 5 days from today and 
till 29.5.2013 the order of the Election Commission of Pakistan 
dated 22.5.2013 impugned herein shall not be given effect to. 
Disposed of in terms noted above.   
 
JUDGE 
 
JUDGE 
Islamabad, the 
24th of May, 2013 
Not Approved For Reporting  
Khurram