SYED NASEER BURHAN vs AZAD GOVERNMENT — 2026 PLD 32 SUPREME-COURT-AZAD-KASHMIR

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SYED NASEER BURHAN VS AZAD GOVERNMENT. O.XIII, R.3(1-a) & O.XLIII---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Art. 42-A---Proceedings before Azad Jammu and Kashmir Supreme Court---Court dispensing with a provision or requirement---Powers---Equal treatment---Scope---The argument raised by the petitioners was that the Court had dismissed numerous appeals for non-compliance of the provisions of Order XIII, Rule 3(1-a) of the Azad Jammu and Kashmir Supreme Court Rules, 1978, but in the present case, the rules were dispensed with, amounting to discriminatory treatment and a violation of the fundamental right to equality before the law. Validity: Pertinently, the Court is vested with inherent powers under Article 42-A of the Azad Jammu and Kashmir Interim Constitution Act, 1974, read with Order XLIII of the Azad Jammu and Kashmir Supreme Court Rules, 1978 to dispense with the requirements of rules and pass any order necessary to do complete justice in a case. The exercise of such powers is intended to ensure that procedural technicalities do not obstruct the delivery of substantive justice. Furthermore, the rules have not been dispensed with solely in this single case. The Court has exercised its discretion to dispense with procedural requirements in a number of cases. Moreover, the principle of equal treatment before law does not require identical treatment in every situation but mandates fairness and reasonableness in the application of laws. Circumstances of each case are unique, and the Court is obligated to assess procedural lapses in the light of the facts, the nature of the case, and the overarching principles of justice. Dismissal of appeals in other cases for non-compliance of rules occurred under distinct factual contexts and cannot serve as a blanket standard for challenging the discretion exercised in the present case. Thus, the petitioners' argument was devoid of merit and was accordingly repelled. The petition, lacking substance, was dismissed in the circumstances.

SYED NASEER BURHAN vs AZAD GOVERNMENT — 2026 PLD 32 SUPREME-COURT-AZAD-KASHMIR

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