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Mr. Justice Anwar Zaheer Jamali Mr. Justice Mian Saqib Nisar M

Mr. Justice Anwar Zaheer Jamali Mr. Justice Mian Saqib Nisar M

Mr. Justice Anwar Zaheer Jamali Mr. Justice Mian Saqib Nisar M

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Const. Petition No.127 of 2012 3On Court noticeOn Court notice(amici curiae):On Court’s Call:Dates of Hearing:<strong>Mr</strong>. Irfan Qadir, Attorney General for Pakistan.<strong>Mr</strong>. Azam Khan Khattak, Addl. AG., Balochistan.<strong>Mr</strong>. Muhammad Qasim Mirjut, Addl. AG, Sindh.<strong>Mr</strong>. Muhammad Hanif Khatana, Addl. AG PunjabSyed Arshad Hussain Shah, Addl: AG, KPKKhawaja Haris Ahmed, Sr. ASC<strong>Mr</strong>. Salman Akram Raja, ASC<strong>Mr</strong>. Abdul Qadeer Ahmed,Deputy Accountant General, Sindh.26 th , 27 th , 28 th , 29 th March, 2013 and2 nd , 3 rd , 8 th , 9 th , 10 th & 11 th April, 2013.JUDGMENT<strong>Anwar</strong> <strong>Zaheer</strong> <strong>Jamali</strong>, J.- By our short orderannounced in open Court on 11.4.2013, this case and the otherconnected cases were disposed of in the following manner:-“…..we hereby, in exercise of all the enabling powers vested inthis Court, hold and declare that the law enunciated in the caseof Accountant General Sindh and others versus Ahmed Ali U.Qureshi and others (PLD 2008 SC 522) is per incuriam andconsequently this judgment is set aside. The titled appeal isaccepted and the judgment impugned therein is also set aside.Other miscellaneous applications moved therein and in theseproceedings are dismissed accordingly.”In support of above short order, now we proceed to record ourdetailed reasons as under:-2. This Petition, for suo moto review of judgment dated6.3.2008, passed in Civil Appeal No.1021 of 1995, other connectedpetitions and miscellaneous applications, emanates from the officenote dated 21.11.2012 submitted by the Registrar of the SupremeCourt of Pakistan for the perusal of Honourable Chief <strong>Justice</strong>,which reads thus:-“It is submitted that the Civil Petition for Leave toAppeal No. 168-K of 1995 was filed in this Court by theAccountant General Sindh, challenging the validity ofthe judgment of High Court of Sindh, at Karachi, dated02.02.1995, wherein the Court had granted the relief ofpension to the respondent (since dead), a former judge

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