P L D 2012 Supreme Court 866 (PLP)

ASIF SAEED KHAN KHOSA, J.

Upon his persistent and wilful disobedience in complying with the directions issued by this Court in paragraphs Nos. 177 and 178 of the judgment handed down in the case of Dr. Mobashir Hassan's case PLD 2010 SC 265 the former Prime Minister of Pakistan/Chief Executive of the Federation Syed Yousaf Raza Gillani was tried, convicted and sentenced for committing contempt of this Court and consequently he stood disqualified as a member of the National Assembly and also stood removed from the office of the Prime Minister of Pakistan/Chief Executive of the Federation. Thereafter Raja Pervaiz Ashraf, MNA was elected to the said exalted office and on 27-6-2012 this Court had expressed hope and confidence that the new Prime Minister/Chief Executive, who had stepped into the shoes of his predecessor in office, would implement the above mentioned directions of this Court. On that date the learned Attorney-General for Pakistan was required to obtain instructions from the new Prime Minister/Chief Executive in the matter and to inform this Court of his response on the next date of hearing, i.e. 12-7-2012.

2. On 12-7-2012 the learned Attorney-General for Pakistan did not come up with any definite response of the Prime Minister/Chief Executive in the relevant regard. In its order passed on that date this Court reproduced its earlier order dated 8-3-2012 wherein the then Prime Minister/Chief Executive was directed to implement the directions of this Court contained in paragraphs Nos.177 and 178 of the judgment delivered in the case of Dr. Mobashir Hassan "regardless of any advice tendered earlier or in future" and while reiterating the said direction the present Prime Minister/Chief Executive was also directed accordingly while requiring him to act in the matter forthwith and to cause a report to be submitted before this Court in that regard by 25-7-2012 failing which this Court might initiate any appropriate action under the Constitution and the law. It is quite unfortunate that the Prime Minister/Chief Executive failed even to comply with that order and neither the directions contained in paragraphs Nos.177 and 178 of the judgment in Dr.Mobashir Hassan's case were obeyed till 25-7-2012 nor any report called for in the earlier order of this Court was submitted by the specified date. Instead, on 25-7-2012 the learned Attorney-General for Pakistan sought time till today to work out a solution to the outstanding issues but no meaningful progress in that regard has been reported by him today.

3. On the last date of hearing the learned Attorney-General for Pakistan had maintained before us that this Court was not properly assisted on facts and law before rendering its judgment in the case of Dr.Mobashir Hassan and also at the time of handing down its judgment in the review petition filed in that case and, therefore, the said judgments were, in his words, "un-implementable" and proper recourse for seeking revisiting of those judgments by this Court is being mulled by the Federal Government. We had on the last date of hearing, and we have today, remained unable to subscribe to the said submission of the learned Attorney-General on account of the fact that the said judgments passed by a Larger Bench of this Court and by the Full Court respectively have already attained finality and also because the present Bench is only seized of implementation proceedings vis-a-vis those judgments. It goes without saying that an implementation Bench cannot go behind a concluded and final judgment or revisit the same. We may observe at this stage, and we observe so with respect to the esteemed elective office of the Prime Minister/Chief Executive, that the ostensible calculated defiance on his part through adoption of dilatory tactics and putting up excuses for resisting implementation of this Court's directions may know no bounds but at the same time restraint exercised by this Court is also not without any limit.

4. Pushed into such an unfortunate situation we hereby issue notice to Raja Pervaiz Ashraf, Prime Minister of Pakistan/Chief Executive of the Federation, under section 17 of the Contempt of Court Ordinance (V of 2003) read with Article 204 of the Constitution of the Islamic Republic of Pakistan, 1973 to show cause as to why he may not be proceeded against for committing contempt of this Court by not complying with the relevant directions of the Court. He shall, in accordance with the provisions of section 17 of the said Ordinance, appear before the Court in person on the next date of hearing.

5. Adjourned to 27-8-2012. MWA/A-24/S Order accordingly.