Also in Mohtarma Benazir Bhutto, MNA and Leader of the
Opposition, Bilawal House, Karachi Vs. The State (1999 SCMR
1447) the Hon’ble Supreme Court held:--
"It is well settled that orders at the interlocutory
stages should not be brought to the higher Courts to
obtain fragmentary decision, as it tends to harm the
advancement of fair play and justice, curtailing
remedies available under the law, even reducing the
right of appeal. Refer the case of "Mushtaq
Hussain Bukhari v. The State" 1991 SCMR 2136,
Muhammad Afzal Zullah, the then Hon'ble Chief
Justice, at page 168 of the report observed as
follows:--
"It is a wrong or at least misstatement in our state
of law, practice, procedures and proceedings in
the Courts of law, that wrong orders should be
corrected at the time they are passed because it
would take less time for the case to conclude. This
might have been true half a century to quarter
century ago. Thereafter, the challenge to the
interlocutory orders has brought about a deluge
in the administration of criminal justice. Cases
started piling up with the result that the concept of
speedy justice came to a grinding halt and powers
that may be, started thinking of curtailing
remedies even reducing the right of appeals.
Cases like the present one do justify such an
angry re-action but with a little change of practice
in the technical field (for example amendment,
vis-a-vis, the subject in section 197, Cr.P.C. it is
hoped there would no (sic) be need to curtail the
remedies as that too in the stage where we are
passing, might be counter-productive"
Part of Judgment :
IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT.
WP- Family Law
21213-14
21213-14
2014 LHC 6331
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