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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 9Provinces it was observed (2002 SCMR 177) that thespirit underlying the said case which still held the filedwas not intended to create difficulties/bottlenecks or towork prejudicially to the interest of all concerned. It washeld that the rule laid down in the above case shallcontinue but due to exigency of service or any othersufficient cause departure can be made in the largeinterest of justice and may be referred to any otherbench for reason to be recorded in writing by the Chief<strong>Justice</strong>. Recently, a Constitution Petition filed forrevisiting of this Court judgment dated 13.9.2011passed in Constitution Petition No. 50/2010 fordeclaratory judgment regarding existence of Article186A of the Constitution was treated as Civil MiscApplication (CMA No. 4711/2012 in ConstitutionPetition No. 50/2010) for the purpose, which awaitshearing before the Court.10. In view of the above, if approved, Suo Motoaction may be taken in the matter for review ofjudgment dated 6.3.2008 passed in Civil Appeal No.1021 of 1995 etc and the matter may be fixed before aLarger Bench comprising minimum five members.Registrar21.11.2012HCJ 223. Taking notice of the facts and circumstances disclosed inthe above reproduced submission note, coupled with the legalposition canvassed therein for taking cognizance in the matter, on23.11.2012, following order was passed by the Honourable Chief<strong>Justice</strong> of Pakistan:-“Perusal of above note prima facie makes out a casefor examination of points raised therein. Therefore,instant note be registered as Suo Motor Misc.Petition and it may be fixed in Court in the weekcommencing from 03.12.2012. Notice to Hon’bleRetired Judges, who are beneficiaries of thejudgment dated 6.3.2008 be issued. Office shall

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