1998 PLP 2261 (SCMR)

32. Mehmood Ali

33. Naveed Miraj

34. Senator Syed Iqbal Haider

35. MNA Syed Khurshid Ahmad Shah;

36. MNA Syed Naveed Qamar

37. Abid Ali

38. A.C. Muhammad Ali

39. A.C. Iftikhar Ali Shalwani

40. ASP Bashir Ahmad Nasir

41. DSP Muhammad Ashiq Farooqui

42. DSP Liaqat Ali

43. Muhammad Zaka Ullah.

44. Sohail Ahmad Babar

45. Ch. Abdur Razzaq

46. Humayun Khan Jadoon

47. Amirullah Khattak

48. Muhammad Ilyas Farooqui

49. Alamdar Hussain Shah

50. Javid Akram '

51. I.-G.P. Tariq Saleem Lone

52. S.S.P. Altaf Hussain

53. Fakhar-ur-Rehman

6. After minutely watching the video cassettes containing some coverage of the incidents which took place in and around the Supreme Court of Pakistan, Islamabad, on 28-11-1997, and on the basis of the evidence recorded by this Court and the pictures appearing in the newspapers and other magazines, it is apparent that very serious acts of rowdyism had taken place in and around the Supreme Court of Pakistan on the day in question. It also appears from the evidence and other material now available on record that a large crowd gathered on the Constitution Avenue outside the outer gate of this Court. This crowd had not suddenly reached such proportions in a matter of minutes but gradually the crowd built up. People had also reported to have come or were brought in buses from areas out side Islamabad. The crowd was raising slogans inter alia agains; the judiciary and Justice (now retired) Sajjad Ali Shah, banners and flags `were also being raised; such banners also displayed similar derogatory remarks According to the superior officers of the police, who have given evidence before this Court, there was adequate police force available to deal with such crowd but despite this the crowd was able to break the chain by which the outer gate was locked and forced its way inside the outer premises of the Court A sizeable number of this emotionally charged crowd comprising about 100 odd persons were able to force their entry inside the building of the Supreme Courl and around 40 persons were able to go up to the first floor, next to Court Room No. l . From the evidence that has been adduced before this Court, it follows that if the doors of Court Room No. l had not been closed, quite a few of the miscreants, who had been able to force their way up, would have entered Court Room No.

1. We reiterate with great emphasis the observations in the Report dated 18-2-1998 that the action of those individuals who forced their entry into the Supreme Court premises and raised derogatory slogans are prima facie guilty of gross contempt of this Court and that initiation of action under Article 204 of the Constitution and the applicable law against such persons is necessary as the matter involves the sanctity, dignity and respect of the apex Court of the country and that street power should not be allowed to coerce and intimidate the judiciary.

7. The role of the local administration and the police also left much to be desired. From the evidence of the senior police officers it appears that, with the force available, the agitation could have been controlled and, in any case, the crowd restrained from coming inside the Court premises and also inside the building. The evidence and other material on record shows that the local administration as well as the senior police officers were aware of the deteriorating situation and gradual built up of the crowd which was raising slogans. If immediate, firm and strong action had been taken, the situation could have been controlled from further deterioration specially restraining the crowd forcing itself into the Court premises and then into the Court building. It appears that the local administration and the police did not take the required action. Apparently there was no impediment in the way of local administration and the police in restraining and controlling the crowd but satisfactory action, which was the need of the hour was not taken. In this way, the officers of the local administration as well as the police impliedly facilitated the entry of the crowd inside the Court premises and then into the building of the B Court.

8. On the basis of the evidence and other material on record including the video cassettes, we are of the view that the following persons are prima facie c involved in or aided c abetted or facilitated the acts of rowdyism that had taken place in and around the Supreme Court, Islamabad, on 28-11-1997.

1. MNA Tariq Aziz

2. MNA Mian Muhammad Munir

3. MPA Ch. Tanwir Ahmed Khan

4. MPA Akhtar Rasool

5. Shahbaz Goshi

6. Mushtaq Ali Tahir Kheli

7. Akhtar Mahmood.

8. MPA Sardar Muhammad Naseem Khan

9. Babar Awan, MSF Divisional President.

10. Ali Abbas, General Secretary, Labour Wing, Rawalpindi,

11. Anjum Iqbal, Rawalpindi.

12. Muhammad Farooq, Divisional General Secretary, Youth Wing, Rawalpindi.

13. Muhammad Naseem, Joint Secretary, MSF Labour Wing, Rawalpindi.

14. Tanvir Akhtar, General Secretary, Muslim League Youth Wing, Rawalpindi.

15. Raja Zafar Iqbal, Joint Secretary, Muslim League Labour Wing, Rawalpindi,

16. Malik Muhamamd Munawar, General Secretary, Muslim League Rawalpindi. f,, (Nos. 9 to 16 are also accused in Crime No.229 of 1997 of Police Station Secretariat, Islamabad).

17. Tariq Saleem Lone, I.-G.P., Islamabad.

18. Altaf Hussain, S.S.P., Islamabad. 19.. Bashir Ahmad Nasir, A.S.P., Islamabad.

20. D.S.P. Liaqat Ali 21 D.S.P. Muhammad Ashiq Farooqui.'

22. Inspector Jamil Ahmad Hashmi (SHO P.S. Sectt.)

23. Inspector Mussarrat Khan (SHO Bharakau)

24. Abid Ali (ADC General and Acting D.C.)

25. Muhammad Ali, Asstt. Commissioner.

26. Iftikhar Ali Shalwani, Asstt. Commissioner. It is directed that show-cause notices be issued to the above 26 persons calling upon them why action be not taken against them for committing contempt of this Court. M.B.A./I-20/S Order accordingly.