IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

CPLA No.__________/2023

Imran Ahmed Khan Niazi son of Ikram Ullah Niazi resident of 2-Zaman
Park, Lahore, Islamabad presently confined in Central Prison, Adyala,
Rawalpindi.
……..PETITIONER
VERSUS

District Election Commissioner, Islamabad.

…….. RESPONDENTS

CIVIL PETITION FOR LEAVE TO APPEAL UNDER ARTICLE 185(3)

OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF

PAKISTAN 1973, AGAINST THE ORDER DATED 11-12-2023

PASSED IN C.M.462/2023 IN Crl.APPEAL 273/2023 BY THE

LEARNED DIVISION BENCH OF THE ISLAMABAD HIGH COURT,

ISLAMABAD

Respectfully Sheweth:-

Points of law requiring determination and authoritative pronouncement by this

Hon’ble Court;

QUESTIONS OF LAW:

1. Whether under 561-A the High Court has inherent power to

rectify its own orders to do real and substantial justice in order
to effect any order under the Code or to prevent the abuse of
the process of any court or otherwise to secure the ends of
Justice?

2. Whether under section 561-A Cr.P.C the High Court has not been
empowered to rectify or review its own orders if the relevant
facts had mistakenly not been recorded in the same which had
 effected the right of a party as held in the case of Habib Ur
Rehman Versus The State 2010 PCrLJ 658?

3. Whether the Learned Islamabad High Court has not erred by

heavily relying on 1999 PcrLJ 1905 & 1996 SCMR 1573 wherein
it is stated that the conviction cannot be suspended and only the
sentence can be suspended? The same clearly is contrary to the
bare reading of section 426 of Cr.P.C which categorically
mentions that the order appealed against or the sentence can be
suspended. The later judgement in Javed Hashmi Case (2008
SCMR 165) case by equal number of judges of Supreme Court
suspended the conviction and sentence of the petitioner
under section 426 Cr.P.C. Thus the later view in point of time will
prevail apart from the fact that the earlier judgement is per
ignoranta.

4. Whether the learned High Court has not erred in its impugned
judgment dated 11-12-2023 by dismissing the application for
rectification of order and the same has not caused prejudice to
the petitioner because of the act of the Court, he is being denied
his fundamental right to contest elections as enshrined in Article
16 & 17 of the Constitution?

5. Whether the dismissal of the application of the petitioner for

rectification of order has not led to abuse of the process of Court?

6. Whether in the case 1999 PCrLJ 1905 and in the case of 1996
SCMR 1573 the exercise of the powers of the High Court under
section 561-A Cr.P.C in similar cases is not the correct law?

7. Whether an injustice has not been caused to the petitioner who

has been disqualified by the Election Commission and has been
barred from contesting election in consequence of the order of
the ASJ-West, dated 05-08-2023 which sentence was later
suspended by the High Court vide order dated 28-08-2023. Had
the High Court suspended the order instead of only the sentence,
this abuse could have been prevented and whether the recourse
under such circumstances under Section 561-A Cr.P.C to modify
the order to the extent of suspension of judgment would not lead
to remedy the wrong done to the petitioner in order to prevent
the abuse of the process of the Court and otherwise to meet the
ends of justice as has been done in the judgment 1969 SCMR
323?
8. Whether the ex-parte disqualification of petitioner from
contesting the election (notification of ECP dated 08-08-2023) in
consequence of order of the Court is not an exceptional
circumstance meriting the exercise of the inherent power of the
High Court under Section 561-A Cr.P.C to
alter/modify/mould/rectify its own earlier order as held in PLD
1970 SC 335 to secure the ends of justice and to prevent the
abuse of the process of Court?

9. Whether the impugned order of Islamabad High Court dated 11-

12-2023 is not against the law laid down in case of Gul
Muhammad Versus State 1999 SCMR 2765 wherein it was held
‘that in an appropriate case, the Court has power even to correct
its own orders or to recall an erroneous order. This power is
inherent in the Court and one does not have to search for a
specific provision in this regard’. The learned judge in the High
Court, while recalling the order passed by his predecessor,
appears to have concurred with the view earlier taken by the trial
Court?

10. Whether through the instant petition the petitioner is not

within his legal and Fundamental rights u/s 561-A Cr.P.C r/w
article 2 A ,4,10-A,16 , 17 and 25 of the Constitution of Islamic
Republic of Pakistan to seek leave to appeal by this Court against
the order of the Division Bench of Islamabad High Court dated
11-12-2023 whereby the petitioner had requested for the
rectification of its order dated 28-08-2023 which CM 01/2023
was allowed in terms of suspension of sentence only and not
the order dated 05-08-2023 of ASJ WEST convicting the
petitioner illegally and as a consequence the petitioner stands
barred from contesting elections. In the meantime the petitioner
as an interim relief is seeking the suspension of the order dated
28-08-2023 of the trial Court instead of the suspension of the
sentence only as has been done by the High Court in CM #
01/2023 in Criminal appeal no.273/2023,to prevent the abuse of
the process of court and otherwise to secure the ends of justice?
11. Whether the applicant/appellant was not within his legal rights

to have his sentence along with the illegal order of ASJ WEST

Islamabad dated:05-08-2023 move an application under

Section 426 Cr.P.C. through CM 01/2023 along with the main

appeal# 273/2023 which came up for hearing before

the Honourable Islamabad High Court on 28.08.2023 and during

the course of arguments, the learned Counsel for the Appellant

/ applicant who had at the time specifically requested

the Honourable Court in unequivocal terms to have the operation

of the impugned order suspended along with the sentence?

12. Whether the applicant was not within his rights to impugn

the judgment / conviction so pronounced against him on the

strength of "Jurisdictional Defect in the Complaint filed by an

Incompetent / Unauthorized Person and Time Barred complaint"

besides the very jurisdiction in capacity in the ASJ (West) was

not first to try the case along with other legal defects / errors

which the impugned judgment is suffering from and therefore

had specifically requested / prayed during the course of

arguments for the suspension of impugned order along with

suspension of sentence and conviction before Islamabad High

Court, which fact perhaps inadvertently is not reflected in the

order dated 28.08.2023 of the Division Bench of Islamabad High

 Court? Perhaps, the said verbal request made an escape from

the kind consideration of the Honourable Court.

13. Whether language of Section 426 Cr.P.C. is not very much clear

that the Court seized with the matter has not the power to

suspend the impugned order and the sentence, which prayer

was accordingly made by the learned Counsel for the applicant/

appellant before Islamabad High Court. Section 426 Cr.P.C. is

being reproduced herein below for the ready reference;

426. Suspension of sentence pending appeals--Release of

appellant on bail: (1) Pending any appeal by a convicted person,

the Appellate Court may, for reasons to be recorded by It in

writing, order, that the execution of the sentence or

order appealed against be suspended and also, if he is in

confinement, that he be released on bail or on his own bond.

[Emphasis Added].

14.Whether section 561-A, Cr. P.C. does not confers upon

High Court inherent powers to make such orders as may be

necessary to give effect to any order under the Code or to

prevent abuse of process of any Court or otherwise to

secure the ends of justice? Section 561-A Cr.P.C. is being

reproduced hereunder for the ready reference;

561-A. Saving of inherent power of High Court: Nothing in this
Code shall be deemed to limit or affect the inherent power of the
High Court to make such orders as may be necessary to give effect
to "any order under this Code, or to prevent abuse of the process of
any Court or otherwise to secure the ends of justice.

15. Whether it is not settled principle of law that inherent

powers of High Court are very wide and undefinable. High

Court can make all such orders to do real and substantial

justice and is it not a fit case to exercise the powers under

Section 561-A Cr.P.C. as the omission in not recording the

contentions of the learned Counsel for the applicant /

appellant at the bar praying for suspension of the impugned

order dated 05.08.2023 and subsequent non mentioning of

the same in the order dated 28.08.2023 is not an

omission floating on the face of the order as the same has

caused serious prejudice to the rights of the applicant/

appellant and as a consequence thereof he has

been disqualified from contesting Election by the ECP ex-

parte vide Notification dated 08.08.2023 on the basis of the

impugned order of suspension of sentence only and whether

the interest of justice does not demands that the omission

stated heretofore may be rectified by exercising the powers

under Section 561-A Cr.P.C. and the operation of impugned

order may also very graciously be ordered to be suspended

/ stayed till final decision of the appeal?

17.Whether besides malafide of Election Commission of

Pakistan which is conspicuously ascertainable from the very

complaint and consequential illegal trial, all of which

proceedings are corrum non-judice and non-est, they were

in haste in disqualifying the petitioner from contesting the

Election for 05 years vide ex-partee order dated 05.08.2023

notwithstanding the fact that conviction / sentence had

not attained finality as the animosity against the petitioner

was not simplisiter confined in getting his conviction/

disqualification from contesting election only but attempts

are still being made to take away the symbol of Pakistan

Tehreek e Insaf (PTI) as well and throw it out of the arena

of general elections, thereby dislodging the largest party in

Pakistan, whose entire leadership is either incarcerated or

amongst the missing persons beside hundreds of false cases

registered against loyalist resulting in incarceration

and unending ordeal And yet despite all the repressive,

fascist acts of the PDM Government and its successors

 caretakers, the galap pole recently released and trumped in

the media reflect the overwhelming popularity of

petitioner and his party(PTI)?

FACTS:

A. That the applicant/appellant moved an application through

CM#462/2023 under Section 426 Cr.P.C. for suspension of

sentence/order along with the main appeal no. 273/2023 which

came up for hearing before the Islamabad High Court on

28.08.2023 and during the course of arguments, the learned

Counsel for the Appellant / applicant specifically requested the

Islamabad High Court to suspend the operation of impugned

order as well as the sentence dated 05.08.2023 passed by the

Additional Session Judge (West) Islamabad. (Copy of the order

appealed against dated 05.08.2023 is annexed herewith as

Annexure "A").

B. That it may be submitted here that the applicant had impugned

the judgment / conviction so pronounced against him on the

strength of "Jurisdictional Defect in the Complaint filed by an

Incompetent / Unauthorized Person and Time

Barred complaint" besides the very jurisdiction incapacity in

the order of ASJ (West) dated 05-08-2023 was first to try the
 case along with other legal defects / errors which his judgment

is suffering from and therefore had specifically requested /

prayed during the course of arguments for the suspension

of order along with suspension of sentence before Islamabad

High Court, however, in order dated 28.08.2023 of the Division

Bench of Islamabad High Court in CM 01/2023 in Crl. Appeal

#273/2023, perhaps, the said verbal request made an escape

from the kind consideration of the Islamabad High Court.

C. That the language of Section 426 Cr.P.C. is very much clear

that the Court seized with the matter has the power to suspend

the impugned order and the sentence, which prayer was

accordingly made by the learned Counsel for the applicant/

appellant before Islamabad High Court. Section 426 Cr.P.C. is

being reproduced herein below for the ready reference;

426. Suspension of sentence pending appeals--Release of

appellant on bail: (1) Pending any appeal by a convicted person,

the Appellate Court may, for reasons to be recorded by It in

writing, order, that the execution of the sentence or

order appealed against be suspended and also, if he is in

confinement, that he be released on bail or on his own bond.

[Emphasis Added].
D. That the Honorable High Court after hearing lengthy arguments

from both sides had passed the order dated 28.08.2023 in CM

no. 01/2023 through which the sentence recorded by the

Additional Sessions Judge (West) Islamabad was suspended

however, the order perhaps was inadvertently omitted to

be suspended.

E. That taking advantage of the error in the order of the Islamabad

High Court in CM#1/2023 in Cr.Appeal no.273/2023 wherein

although the sentence of the petitioner was suspended but the

order was not ,the election commission of Pakistan issued a

notification dated:08-08-2023 and disqualified the

applicant/appellant under article 62(1)(f) of the Constitution of

Islamic Republic of Pakistan, 1973, without even giving him an

opportunity of being heard thereby blocking the fundamental

rights, as enshrined under article 2, 2A, 4,9, 10A 15, 16, 17 &

25 of the Constitution of Islamic Republic of Pakistan, of the

petitioner, to contest elections who at the time was heading the

largest political in the country. That furthermore this

notification of the ECP was never communicated to the

petitioner who at the time was put behind bars.(copy of the

notification of the ECP dated 08-08-2023 is attached herewith

as Annex ‘B’ )
F. That once the petitioner got to know of his disqualification as a

consequence of the mistake in the order of the Islamabad High

court dated: 28-08-2023, the petitioner preferred another CM

no 462/2023 u/s 561-A Cr.P.C. before the Islamabad High

Court in Cr.Appeal 273/2023 for

rectification/modification/moulding of the order above so that

the order of the ASJ( WEST) Islamabad dated 08-08-2023 be

also suspended along with the sentence to prevent the abuse of

the process of court and to secure the ends of justice .

G. That section 561-A, Cr. P.C. confers upon High Court inherent

powers to make such orders as may be necessary to give effect

to any order under the Code or to prevent abuse of process of

any Court or otherwise to secure the ends of justice. Section

561-A Cr.P.C. is being reproduced hereunder for the ready

reference;

561-A. Saving of inherent power of High Court: Nothing in this

Code shall be deemed to limit or affect the inherent power of

the High Court to make such orders as may be necessary to

give effect to "any order under this Code, or to prevent abuse

of the process of any Court or otherwise to secure the ends of

justice.
H. That it is settled principle of law that inherent powers of High

Court are very wide and undefinable. High Court can make all

such orders to do real and substantial justice and it is a fit case to

exercise the powers under Section 561-A Cr.P.C. as the omission

in not recording the contentions of the learned Counsel for the

applicant / appellant at the bar praying for suspension of the

impugned order dated 05.08.2023 ASJ WEST Islamabad, and

subsequent non mentioning of the same in the order dated

28.08.2023 of the Islamabad High Court in CM# 01/2023 in Crl.

Appeal #273/2023 is an omission floating on the face of the order.

The order of the court has caused serious prejudice to the rights of

the applicant/ appellant as he has been disqualified from contesting

Election by the ECP's Notification dated 08.08.2023 on the basis

of the impugned order of conviction /sentence, hence, the interest

of justice demanded that the omission stated heretofore may be

rectified by exercising the powers under Section 561-A Cr.P.C.

and the operation of order dated 05-08-2023 of the ASJ West

Islamabad be suspended / stayed along with the Sentence till final

decision of the appeal.

I. That besides malafide of ECP which is conspicuously

ascertainable from the very complaint and consequential illegal

trial, all of which proceedings are corrum non-judice and non-

 est, they were in haste in disqualifying the petitioner from

contesting the Election for 05 years vide order

dated 08.08.2023 notwithstanding the fact that conviction /

sentence had not attained finality. The animosity against the

petitioner was not simplisiter confined in getting his conviction

and disqualification from contesting election only but attempts

are being made to take away the symbol of Pakistan Tehreek e

Insaf (PTI) as well and throw it out of the arena of general

elections. Being a largest party in Pakistan, the entire leadership

of PTI is either incarcerated or amongst the missing persons

beside hundreds of false cases registered against loyalist

resulting in incarceration and unending ordeal. Yet despite all

the repressive, fascist acts of the PDM Government and its

successor caretakers, the Galop pole recently released and

trumped in the media reflect the overwhelming popularity of

petitioner and his party.

J. That however the Islamabad High Court did not agree with the

averments of the petitioner/ applicant made to it through CM

No.462/2023 based on misreading, non-reading and

misapplication of the law and Constitution based on outdated

precedent in ignorance of the law, dismissed the application on

11/12/2023 and announced the same on 21-12-2023 after court

hours. (Copy received on 23-12-2023)

That the petitioner seeks leave of this august Court from the

order impugned against dated 11-12-2023 passed in

c.m.462/2023 in Crl.Appeal 273/2023 by the learned Division

bench of the Islamabad High Court, Islamabad inter-alia on the

following;

GROUNDS:

1. That under 561-A the High Court has inherent power to rectify
/modify/mould its own orders to do real and substantial justice
to prevent the process of court or otherwise to secure the ends
of justice.

2. That under section 561-A Cr.P.C the High Court has been
empowered to rectify or review its own orders if the relevant
facts had mistakenly not been recorded in the same which had
effected the right of a party as held in the case of Habib Ur
Rehman Versus The State 2010 PCrLJ 658.

3. That the Learned Islamabad High Court has erred by heavily

relying on 1999 PcrLJ 1905 & 1996 SCMR 1573 wherein it is
stated that the conviction cannot be suspended and only the
sentence can be suspended. The same clearly is contrary to the
bare reading of section 426 of Cr.P.C which categorically
mentions that the order appealed against or the sentence can be
suspended. The later judgement in Javed Hashmi Case (2008
SCMR 165) case by equal number of judges of Supreme Court
suspended the conviction and sentence of the petitioner
under section 426 Cr.P.C . Thus the later view in point of time
will prevail apart from the fact that the earlier judgement is per
ignoranta.

4. That the learned High Court has erred in its impugned judgment
dated 28-08-2023 by dismissing the application for
rectification/modification/moulding of its order and the same has
caused prejudice to the petitioner because of the act of the
Court, he is being denied his fundamental right to contest
 elections as enshrined in Article 16 & 17 of the Constitution in
consequence of not suspending the order but only suspending
his conviction.

5. That the dismissal of the application of the petitioner for

rectification/modification/moulding of order has led to abuse of
the process of Court.

6. That in the case 1999 PCrLJ 1905 and in the case of 1996 SCMR
1573 the exercise of the powers of the High Court under section
561-A C.P.C in similar cases is the correct law.

7. That an injustice has been caused to the petitioner who has been
disqualified by the Election Commission and has been barred in
contesting election in consequence of the order of the ASJ-West,
Islamabad order 05-08-2023 which sentence was later
suspended by the High Court. Had the High Court suspended the
order instead of only the sentence, this abuse could have been
prevented and the recourse under such circumstances under
Section 561-A Cr.P.C to modify the order to the extent of
suspension of judgment only could lead to remedy the wrong
done to the petitioner in order to prevent the abuse of the
process of the Court as has been done in the judgment 1969
SCMR 323.

8. That the disqualification of petitioner from contesting the

election in consequence of order of the Court is an exceptional
circumstance meriting the exercise of the inherent power of the
High Court under Section 561-A Cr.P.C to alter its own earlier
order as held in PLD 1970 SC 335 to secure the ends of justice
and to prevent the abuse of the process of Court.

9. That the impugned order of Islamabad High Court date 11-12-

2023 is against the law laid down in case of Gul Muhammad
Versus State 1999 SCMR 2765 wherein it was held that it may be
pointed out that in an appropriate case, the Court has power even to
correct its own orders or to recall an erroneous order. This power is
inherent in the Court and one does not have to search for a specific
provision in this regard.The learned judge in the High Court, while
recalling the order passed by his predecessor, appears to have
concurred with the view earlier taken by the trial Court…?
10. That through the instant petition the petitioner is seeking
leave to appeal by this Court against the order of the Division
Bench of Islamabad High Court dated 11-12-2023 in
CM#462/2023 in Crl.Appeal #273/2023 whereby the petitioner
requested for the rectification of its order dated 28-08-2023
which was dismissed and in the meantime the petitioner as an
interim relief is seeking the suspension of the order dated 28-08-
2023 of the trial Court ASJ West Islamabad in Complaint Case
#01-2022 instead of the suspension of the sentence only.

K. That the applicant/appellant moved an application under

Section 426 Cr.P.C.(CM No#01-2023) along with the main

appeal No. 273-2023 which came up for hearing before

this Honourable Court on 28.08.2023 and during the

course of arguments, the learned Counsel for the

Appellant / applicant specifically requested

this Honourable Court to suspend the operation of order

as well as the sentence dated 05.08.2023 passed by the

Additional Session Judge (West) Islamabad. (Copy of the

order dated 05.08.2023 is annexed herewith as Annexure

" ").

L. That it may be submitted here that the applicant has

impugned the judgment / conviction so pronounced

against him on the strength of "Jurisdictional Defect in

 the Complaint filed by an Incompetent / Unauthorized

Person and Time Barred complaint" besides the very

jurisdiction incapacity in the ASJ (West) first to try the

case along with other legal defects / errors which his

judgment is suffering from and therefore had

specifically requested / prayed during the course of

arguments for the suspension of his order along with

suspension of sentence before Islamabad High Court,

however, in order dated 28.08.2023 of the Division Bench

of Islamabad High Court in CM No.01/2023 in Crl. Appeal

#273-2023, perhaps, the said verbal request made an

escape from the kind consideration of the Honourable

Court.

M. That language of Section 426 Cr.P.C. is very much clear

that the Court seized with the matter has the power to

suspend the impugned order and the sentence, which

prayer was accordingly made by the learned Counsel for

the applicant/ appellant before Islamabad High Court.

Section 426 Cr.P.C. is being reproduced herein below for

the ready reference;

 426. Suspension of sentence pending appeals--Release of

appellant on bail: (1) Pending any appeal by a convicted person,

the Appellate Court may, for reasons to be recorded by It in

writing, order, that the execution of the sentence or

order appealed against be suspended and also, if he is in

confinement, that he be released on bail or on his own bond.

[Emphasis Added].

N. That section 561-A, Cr. P.C. confers upon High Court

inherent powers to make such orders as may be

necessary to give effect to any order under the Code or

to prevent abuse of process of any Court or otherwise to

secure the ends of justice. Section 561-A Cr.P.C. is being

reproduced hereunder for the ready reference;

561-A. Saving of inherent power of High Court: Nothing in this

Code shall be deemed to limit or affect the inherent power of the
High Court to make such orders as may be necessary to give effect
to "any order under this Code, or to prevent abuse of the process of
any Court or otherwise to secure the ends of justice.

O. That the Honorable Court after hearing lengthy

arguments from both sides had passed the order dated

28.08.2023 through which the sentence recorded by the

Additional Sessions Judge (West) Islamabad

was suspended however, the impugned order

inadvertently was omitted to be suspended.

P. That it is settled principle of law that inherent powers of

High Court are very wide and undefinable. High Court can

make all such orders to do real and substantial justice and

it is a fit case to exercise the powers under Section 561-

A Cr.P.C. as the omission in not recording the contentions

of the learned Counsel for the applicant / appellant at the

bar praying for suspension of the impugned order dated

05.08.2023 along with the sentence and subsequent

non mentioning of the same in the order dated

28.08.2023 is an omission floating on the face of the

order which error/ omission of the court has caused

serious prejudice to the rights of the applicant/ appellant

as he has been disqualified from contesting Election by

the Ex.Partee ECP's Notification dated 08.08.2023 on the

basis of the order of conviction /sentence, hence, the

interest of justice demands that the omission stated

heretofore may be rectified by exercising the powers

under Section 561-A Cr.P.C. and the operation of order

along with the sentence so recorded vide order of the ASJ

West Islamabad dated 05-08-2023 may very graciously

be ordered to be suspended / stayed in term prayed for,

 till final decision of the appeal. (Copy of Notification dated

08.08.2023 is annexed herewith as Annexure " ").

Q. That besides malafide of ECP is conspicuously

ascertainable from the very complaint and consequential

illegal trial, where in all of which proceedings are corrum

non-judice and non-est, they were in haste in

disqualifying the petitioner from contesting the Election

for 05 years vide order of the ASJ West Islamabad

dated 05.08.2023 notwithstanding the fact that

conviction / sentence had not attained finality. The

animosity against the petitioner was not

simplisiter confined in getting his conviction,

disqualification from contesting election only but

attempts are being made to take away the symbol of

Pakistan Tehreek e Insaf (PTI) as well and throw it out of

the arena of general elections. Being a largest party in

Pakistan, the entire leadership of PTI is either

incarcerated or amongst the missing persons beside

hundreds of false cases registered against loyalist

resulting in incarceration and unending ordeal. Despite all

the repressive, fascist acts of the PDM Government and

 its successors caretakers, the galap pole recently

released and trumped in the media reflect the

overwhelming popularity of petitioner and his party.

R. That the applicant may be allowed to agitate further

grounds / submissions at the time of hearing of this

application.
 PRAYER

It is therefore respectfully prayed that leave to appeal may kindly be granted

against the order of Islamabad High Court dated 11.12.2023(announced on
21-12-2023 after court hours and copy delivered on 22-12-2023) in CM#
462/2023 and while converting this petition into an appeal, the conviction of
the petitioner/order impugned, in the case # 1/2022, vide order dated
05.08.2023 of the ASJ (West) Islamabad, may be ordered to be
suspended/stayed by giving full effect to the provision 426 of Cr PC in the
interest of justice till the final decision of criminal appeal#273/2023 pending
before Islamabad High Court.

Drawn By: Filed by:

SARDAR MUHAMMAD LATIF KHAN KHOSA

Sr. Advocate Advocate on Record
Supreme Court of Pakistan Supreme Court of Pakistan

SARDAR SHAHBAZ ALI KHOSA

Advocate
Supreme Court of Pakistan
Assisted by:
Suzain Jehan Khan
Advocate High Court
KHOSA LAW CHAMBERS
NOTE:
Certified under instructions that this is the 1st Petition against the
impugned Judgment.

NOTE: The sentence of the petitioner recorded in case no.1/2022 , vide order dated
05-08-2023 by the ASJ West Islamabad wherein the petitioner was sentenced to 3
years simple imprisonment with fine of Rs 1,00,000/- has already been suspended
by the Islamabad High Court in CM 1/2023 vide order dated 28.08.2023 in
Cr.Appeal no. 273/2023

( )
Advocate on Record Supreme Court of Pakistan, Islamabad
 IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)

CPLA No.__________/2023

Imran Ahmed Khan Niazi

……..PETITIONER
VERSUS

District Election Commissioner & others

…….. RESPONDENTS

AFFIDAVIT OF FACTS OF

Advocate-On-Record
Supreme Court of Pakistan Islamabad

I, the above-named deponent do hereby solemnly affirm and declare

as under:-

That the facts contained in the accompanying CPLA along with

application for grant of interim relief are true and correct to the
best of my knowledge and belief and nothing adverse has been
kept concealed.

That the above said facts have been obtained from the perusal of
record of the case and instructions received from the Petitioner.

SWORN at ISLAMABAD on ___/______/ 2023.

DEPONENT
 IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)

CPLA No.__________/2023

Imran Ahmed Khan Niazi

……..PETITIONER
VERSUS

District Election Commissioner & others

…….. RESPONDENTS

AFFIDAVIT OF SERVICE OF
________________________________
Advocate-On-Record
Supreme Court of Pakistan, Islamabad

I, the above-named deponent do hereby solemnly affirm and

declare as under:-

That the Deponent has served a notice on the Respondent about

the filing of the CPLA on behalf of the Petitioner against the order
dated 01.12.2022 passed by Learned Single Judge of Lahore High
Court Lahore in W.P. No.76038/2022 in the Supreme Court of
Pakistan, Islamabad.

SWORN at ISLAMABAD on ___/____/2023.

DEPONENT
 IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)

CPLA No.__________/2023

Imran Ahmed Khan Niazi

……..PETITIONER
VERSUS

District Election Commissioner & others

…….. RESPONDENTS
…….. RESPONDENTS
NOTICE TO
1. District election Commissioner, Islamabad

Please take notice that I have filed on behalf of the Petitioner a CPLA

No._______/2023 AGAINST ORDER DATED 11-12-2023 PASSED IN

C.M.462/2023 IN Crl.APPEAL 273/2023 BY THE LEARNED

DIVISION BENCH OF THE ISLAMABAD HIGH COURT,

ISLAMABAD

____________________
Advocate on Record
Supreme Court of Pakistan Islamabad

Dated: ___/____/2023.
Islamabad
 IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)

CPLA No.__________/2023

Imran Ahmed Khan Niazi

……..PETITIONER
VERSUS

District Election Commissioner & others

…….. RESPONDENTS

APPLICATION ON BEHALF OF THE PETITIONER UNDER

JUDGMENT XXXIII RULE 6 OF THE PAKISTAN SUPREME
COURT RULE, 1980 FOR SUSPENSION OF OPERATION OF THE
IMPUGNED ORDER IN TERMS PRAYED FOR PENDING
DISPOSAL OF THE CASE.

Respectfully Sheweth:-

1. That the petitioner has filed the above noted petition for leave to
appeal against the impugned order of the Honorable Islamabad
High Court Islamabad, before this august Court stating full facts of
the case along with law points arising for determination in the case
and the grounds for grant of leave against the impugned order.
The petition is pending disposal before this Honorable Court. It is
submitted and prayed that the facts of the case along with the law
points and the grounds for grant of leave, may kindly be read as
part of this application as well.
2. That the petitioner has a good prima facie case in his favor and
that the petition is most likely to succeed on account of the
grounds stated in the leave petition. It is submitted that if the
operation of the impugned order is not suspended, the petitioner
shall suffer an irreparable loss and which if happened the petitioner
shall suffer from an irreparable loss. As such it would be
appropriate and proper that the operation of the order dated
28.08.2023 passed by the Islamabad High Court Islamabad in CM
No.01/2023 be made as prayed for through CM 462/2023 & his
 conviction and Sentence be kept suspended till the matter is finally
decided by this Honorable Court.

PRAYER:

It is, therefore, most respectfully prayed that in consequence

of allowing this petition, in terms of the prayer of the petitioner
in CM No. 462/2023, as prayed for and the operation of the order
/Judgment dated 05-08-2023 of ASJ-WEST Islamabad appealed
through Cr.appeal no.273/2023 pending before the Islamabad
High Court may very graciously be suspended in addition to the
sentence which has already been suspended by the order of the
Islamabad High Court order dated 28-08-2023 till the final decision
of the appeal in the interest of justice and fair play in order to
prevent the abuse of the process of court and to secure the ends
of Justice.

___________________________
Dated: _______________ Advocate on Record
Supreme Court of Pakistan
 IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)

CPLA No.__________/2023

Imran Ahmed Khan Niazi

……..PETITIONER
VERSUS

District Election Commissioner & others

…….. RESPONDENTS

Court Appeal from: Against the impugned order dated 11.12.2023 passed
by the Honorable Islamabad High Court in CM
No.462/2023,in criminal appeal #279/2023 the present
CPLA has been filed by the petitioner.

Counsel For The Petitioner :- SARDAR MUHAMMAD LATIF KHAN KHOSA,

SR. ASC, WITH SARDAR SHAHBAZ ALI KHOSA
(ASC) With (AOR)

COUNSEL FOR THE RESPONDENT(S):______ _____________

INDEX

S.No DISCRIPTION OF DOCUMENTS DATED Pg. NO.

1) Concise Statement 21.01.2023
2) CPLA 21.01.2023
3) Copy of the impugned order passed by 11-12-2023
the learned High Court in CM
No.462/2023
4) Copy of the CMA No.462/2023
5) Copy of the order passed by the learned 28-08-2023
High Court in CM No.01/2023

6) Copy of the order passed by ASJ-West 05-08-2023

Islamabad
7) ECP notification 08-08-2023
8) 1 Affidavits of Facts
9) Affidavit of Service

It is certified that paper book has been prepared in accordance with Supreme Court Rules and all
documents necessary for proper appreciation of the case have been included in it completely and
are correct.
 Advocate on Record
Supreme Court of Pakistan
Dated:___/ /2023
Islamabad
 IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)

CPLA No.__________/2023

Imran Ahmed Khan Niazi

……..PETITIONER
VERSUS

District Election Commissioner & others

…….. RESPONDENTS
Court Appeal from: Against the impugned order dated 11.12.2023 passed
by the Honorable Islamabad High Court in CM No.462/2023 in Criminal Appeal
no.273/2023, the present CPLA has been filed by the petitioner.
CONCISE STATEMENT
1. Subject Matter & the Law:

2.Who has filed this petition The present petitioner being aggrieved of the
impugned order dated 11.12.2023 passed by the Honorable Islamabad High
Court Islamabad in CM No.462/2023 in Criminal appeal # 273/2023.

3. Court Recovery N/A

4. Relief sought from this Court: To set aside the impugned order
dated 11.12.2023, in CM
No.462/2023, in Criminal
appeal 273/2023 passed by the
learned Islamabad High Court as
prayed for.

Court Order/Date (i) Who filed (ii) With what result

Islamabd High Court 11-12-2023 The petitioner filed the CMA
Islamabad No.462/2023 in Crl.Rev.273/2023 and
the same was dismissed.

TREATMENT OF THE POINTS IN THE IMPUGNED JUDGMENT/JUDGMENT:-

Points noted in impugned judgment/order:-

Certified that I myself prepared this concise statement and the same is
correct.

Dated: Dec___, 2023. Advocate on Record

Supreme Court of Pakistan