General (Retd.) PERVEZ MUSHARRAF vs FEDERATION OF PAKISTAN S — 2024 SCMR 60 SUPREME-COURT

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General (Retd.) PERVEZ MUSHARRAF VS FEDERATION OF PAKISTAN S. 12(3)---Supreme Court Rules, 1980, O. XXIII, R. 8, proviso---appeal against judgment of Special Court filed before the Supreme Court---Office objection---appeal against---Inordinate delay in fixing appeal against the office objection---appellant was convicted by a Special Court and the criminal appeal against such judgment was filed within time before the Supreme Court---However, the criminal appeal was not numbered as the Institution Officer of the office of the Supreme Court objected to its filing as the appellant had not surrendered himself---against the said office objection, Criminal Miscellaneous appeal ("C. M. appeal") was filed which was put up for hearing in Chamber before a Judge of the Supreme Court, who after noting the contentions of the counsel, observed vide his order that it would be appropriate that the points were considered by a Bench of the Supreme Court, therefore the 'C. M. appeal' be fixed before the Court for hearing---However, said appeal was not fixed in Court till today, and the appellant passed away in the meantime---Held, that it was unfortunate that despite the order of the Judge in Chamber, directing that the 'C. M. appeal' be fixed in Court this was not done till today, that is, the same was not fixed for a period of over three years and eight months for no discernable reason---For this inordinate delay neither the appellant nor his counsel could be faulted---No one should be made to suffer on account of an act of Court, or as in this matter, on account of inaction---Even otherwise an appeal is the right of every convict---accordingly, the 'C. M. appeal', assailing the office objection, was allowed with the directions that the unnumbered criminal appeal filed by the appellant against his conviction be numbered, and the record of the Special Court be summoned and be put up along with the said appeal for hearing in Court.

General (Retd.) PERVEZ MUSHARRAF vs FEDERATION OF PAKISTAN S — 2024 SCMR 60 SUPREME-COURT

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