Under article 103 of the constitution a litigant has acquired right; (a) if the High Court Division certifies that the case involves a substantial question of law as to the interpretation of constitution, (b) the High Court Division has confirmed a sentence of death or sentenced a person to death or imprisonment for life, and (c) the High Court Division has imposed punishment on a person for contempt. In respect of a leave petition, the application has no right at all. If this court grants leave then the applicant has entered into the appellate forum. If the case covers Clauses (a) to (c) above, there will be no necessity to obtain leave from this court. The applicant has no necessity of praying for granting leave. In respect of leave petition, the court may refuse leave and dismiss the petition summarily either ex-parte or after issuing notice upon the respondent. Normally notice is served by the petitioner through his Advocate-on-record before filing the petition. While hearing the petition for leave to appeal, the court is called upon to see whether the petitioner has a case so that he should be granted leave from the judgment of the High Court Division. If the court grants leave, he will enter into the appellate forum and if the court does not grant leave he does not enter into the appellate forum. He still remains in the discretionary jurisdiction of the court. Therefore, granting of leave is not sine qua non in a leave petition. .....Iqbal Hasan Mahmood Tuku =VS= Anti-Corruption Commission, (Criminal), 2018 (2) [5 LM (AD) 226] ....View Full Judgment