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SC CONSTITUTES THREE MEMBER BENCH TO HEAR THE CIVIL PETITION NO. 2255/2010 ETC.

Dated: 20-April-2013

The Supreme Court of Pakistan has constituted a three-member Bench headed by Hon’ble Mr. Justice Jawwad S. Khawaja and comprising two other members, namely, Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr. Justice Ejaz Afzal Khan to hear on 22.04.2013 Civil Petition No. 2255/2010 and other connected Petitions seeking directions for initiating proceedings against Gen. Rtd. Pervaiz Musharraf under Article 6 of Constitution read with the High Treason (Punishment) Act, 1973, for having committed high treason).

It is pertinent to mention here that Sardar Muhammad Siddique Khan, AOR for Gen. Rtd. Pervaiz Musharraf had filed an application for constitution of the Full Court / Larger Bench, praying that the Hon’ble Chief Justice of Pakistan may graciously be pleased to consider important aspects of the matter and may either constitute Full Court or a larger Bench to hear and decide the aforementioned petitions.

Having considered the application, the Hon’ble Chief Justice passed the following order:-

This application has been moved on behalf of Raja Muhammad Ibrahim Satti, learned counsel for respondent No.4 in Civil Petition No.2255 of 2010 arising out of a judgment dated 14.10.2010 passed by two learned Judges of High Court of Sindh, whereby petition under Article 199 of the Constitution filed by the petitioner has been dismissed.

Under Order XI of the Supreme Court Rules, 1980 petitions for leave to appeal ordinarily are to be heard and disposed of by a Bench of two Hon’ble Judges but the Chief Justice, in a fit case, can constitute a Bench consisting not less than three Judges.

There are also other petitions, filed under Article 184(3) of the Constitution, which shall also be heard and disposed of by a Bench consisting of not less than two Judges under Order XXV Rule 2 of the Supreme Court Rules.

On having taken into consideration discreetly the contents of the application and for the reason that two kinds of jurisdictions of this Court have been invoked, therefore, in the interest of justice, a 3-Member Bench comprising Hon’ble Mr. Justice Jawwad S. Khawaja, Mr. Justice Khilji Arif Hussain and Mr. Justice Ejaz Afzal Khan is constituted for disposal of the cases referred to hereinabove.
Application is disposed of.

 
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