2014SAC8044 (PLP)

The show-cause notices were issued to Sana Ullah, Secretary Education, Government of Gilgit-Baltistan and Abdul Majeed Khan, Director Education, Gilgit-Baltistan, vide order dated 29-10-2014, to the following effect. "(2) In pursuance of the order of this Court, the Director Education Gilgit-Baltistan appeared before the court and when he was asked, as to why the directions given to you have not been complied with, he answered that the Secretary Education Gilgit-Baltistan instead of compliance of the aforesaid order, issued a show cause notice to him to the effect that why he should not be proceeded against and as to why a disciplinary action should not be taken against him (i.e. Director Education). (3) The explanation given by Abdul Majeed Khan, Director Education is absolutely not satisfactory. Sana Ullah, Secretary Education, respondent No. 3 herein and Abdul Majeed Khan, Director Education, Respondent No. 5 herein wilfully have contumaciously acted in disobedience of the direction passed by this Court and acted, in order to obstruct the process of justice, to lower the honour and dignity of this apex Court of Gilgit-Baltistan and both the officers colluded to frustrate the order passed by the Court which is tantamount to contempt of Court and prima facie it seems that they have intentionally done so. (4) The act of both the officers named above seems to be deliberate and intentional while causing hindrance and lowering the authority of the court. The plain reading of the order makes it clear that this apex Court had passed the order, for compliance, on the statement made by the Director Education, respondent No. 5 herein. The said officers in the estimation of all the concerned have shown disrespect to the Court which is not only amounting to direct interference and interruption in the working of the Court, rather the same is gross contempt of Court in terms of Article 75 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 read with Article 204 of the Constitution of Islamic Republic of Pakistan and all other enabling provision of the Contempt of Court Ordinance, 2003. (5) Consequently, the show-cause notices are issued to Sana Ullah, Secretary Education, Government of Gilgit-Baltistan and Abdul Majeed Khan, Director Education, Government of Gilgit-Baltistan to the effect, as to why they be not proceeded against for the commission of contempt of Court. The reply of Show Cause Notice, in writing, be reached to the Registrar of this Court within 10 days and they are also directed to appear before the court in person on 11-11-2014."

2. Today, i.e. 20-11-2014, both the officials tendered their unconditional apology before the court and they have also shown their remorse and compunction. They have assured the Court that in future, they will remain careful with regard to the cases of their department pending before the Courts.

3. The unconditional apology tendered by both the officials seems to be very genuine and from core of their hearts, therefore, no further action is required in the matter and the show-cause notices issued to them are discharged.

4. This Criminal Original Petition No.1 of 2014 in C.P.L.A. No.12 of 2013 stands disposed of. HBT/13/GB Order accordingly.