Citing technical grounds, the Supreme Court refused to entertain a review petition filed by former army chief Gen Mirza Aslam Beg pertaining to the verdict against him in the Asghar Khan petition.
The court rejected Beg’s review petition on Thursday, saying he was represented by Advocate Akram Sheikh in the case and was not allowed to change his counsel in a review petition. Beg had filed his petition on Wednesday through Advocate Ali Zafar.
According to Supreme Court Rules 1980, “Except with the special leave of the court, no application for review shall be entertained unless it is drawn by the Advocate who appeared at the hearing of the case in which the judgment or order, sought to be reviewed, was made. Nor shall any other Advocate, except such Advocate, be heard in support of the application for review, unless the court has dispensed with the requirement aforesaid.”
Beg’s new counsel, cognisant of the SC rules, had given an explanation in this regard in the review petition, saying that Advocate Sheikh had informed the petitioner that he could not appear in the review due to health and personal reasons.
“In view of the issue of limitation and in order to protect his rights, the petitioner has engaged Ali Zafar,” the review petition stated.
A similar situation occurred recently when the federation decided to challenge the apex court’s decision on the National Reconciliation Ordinance (NRO) implementation case. The court returned the petition at first instant but, due to the nature of the case, later allowed the federation to engage a new counsel.
When asked about his future course of action, Advocate Zafar said that the SC office had raised a few other objections, which they would contest before the court.
“We will also refer to the NRO case, Arslan Iftikhar case and some others in which the court had allowed a new counsel in review petitions,” he said.
Published in The Express Tribune, November 23rd, 2012.
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“We will also refer to the NRO case, Arslan Iftikhar case and some others in which the court had allowed a new counsel in review petitions.....................
Thats why it is said dont take decisions which you dont want to become a benchmark....law must be equal for all..........not on the basis of necessity...........