2003 PLP 1189 (SCMR)
Mirza MUSHTAQ AHMAD — Petitioner Versus PROVINCE-OF PUNJAB and others — Respondents
| Citation | 2003 PLP 1189 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | Mirza MUSHTAQ AHMAD — Petitioner Versus PROVINCE-OF PUNJAB and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2003 PLP 1189 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1189 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1189 (SCMR) (Mirza MUSHTAQ AHMAD — Petitioner Versus PROVINCE-OF PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hanif Khatana, Additional Advocate-General for Respondents.
- Date of hearing: 4th June, 2002.
- IFTIKHAR MUHAMMAD CHAUDHRY, J.---Mr. Muhammad Hanif Khatana, Additional Advocate-General, stated that in pursuance of order of this Court, dated 24th April, 1996 now F.I.R. has been registered in the concerned Police Station and process of investigation in respect of the charges mentioned therein is in progress.
- 2. Rana Bashir Ahmed by filing reply of show-cause notice stated that he summoned the petitioner Mushtaq Ahmed on different occasions but he himself was reluctant to appear before him therefore, having left with no option he registered F. I. R. No. 105 on 10th July, 1996 at Police Station Millat Park, Lahore, copy whereof has also been placed on record. Perusal of record indicates that the petitioner himself has not been cooperating with the Police for the reasons best known to him. However, as now the order has been complied with and prior to it, Rana Bashir Ahmed, the then S.H.O., Police Station Millat Park, Lahore had also registered a case. Rana Bashir Ahmed in his reply so filed had also tendered unconditional apology after explaining the circumstances and A has stated that he has all respect to the orders of the Courts but it was the petitioner who was not cooperating in spite of summoning as he did not turn up. Therefore, in these circumstances, we are not inclined to proceed for the contempt of Court against Rana Bashir Ahmed former S.H.O., Police Station Millat Park, Lahore, hence, notice issued against him is withdrawn. However, he is warned that in future he should remain careful towards implementation of the Court's orders. S.S.P., Lahore is directed to depute an independent officer for conducting investigation in the case of the petitioner which has now been registered as per the statement of the learned Additional Advocate General.
Headnotes / Summary
(On appeal from the judgment dated 5-3-1999 passed by Lahore High Court, Lahore in Writ Petition No.3641 of 1999).
Art. 204
Withdrawal of contempt notice- Supreme Court issued contempt notice to the Station House Officer of Police Station for not registration of F.I.R.
Record indicated that the complainant did not cooperate himself with the police for registration of F. I. R.
Station House Officer of the Police Station had informed the Supreme Court that the F.I.R. had been registered and he also tendered unconditional apology,--Supreme Court declined to, proceed for the contempt of Court against the Station House Officer of Police Station-- Contempt notice was withdrawn. Petitioner in person.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, J.
Mr. Muhammad Hanif Khatana, Additional Advocate-General, stated that in pursuance of order of this Court, dated 24th April, 1996 now F.I.R. has been registered in the concerned Police Station and process of investigation in respect of the charges mentioned therein is in progress.
2. Rana Bashir Ahmed by filing reply of show-cause notice stated that he summoned the petitioner Mushtaq Ahmed on different occasions but he himself was reluctant to appear before him therefore, having left with no option he registered F. I. R. No. 105 on 10th July, 1996 at Police Station Millat Park, Lahore, copy whereof has also been placed on record. Perusal of record indicates that the petitioner himself has not been cooperating with the Police for the reasons best known to him. However, as now the order has been complied with and prior to it, Rana Bashir Ahmed, the then S.H.O., Police Station Millat Park, Lahore had also registered a case. Rana Bashir Ahmed in his reply so filed had also tendered unconditional apology after explaining the circumstances and A has stated that he has all respect to the orders of the Courts but it was the petitioner who was not cooperating in spite of summoning as he did not turn up. Therefore, in these circumstances, we are not inclined to proceed for the contempt of Court against Rana Bashir Ahmed former S.H.O., Police Station Millat Park, Lahore, hence, notice issued against him is withdrawn. However, he is warned that in future he should remain careful towards implementation of the Court's orders. S.S.P., Lahore is directed to depute an independent officer for conducting investigation in the case of the petitioner which has now been registered as per the statement of the learned Additional Advocate General.
3. The petition thus stands disposed of accordingly. M.H./M-526/S Order accordingly.