| Citation(s) |
|---|
| 2015 SLG 2109 2015 SLD 2109 2015 SCMR 1373 |
Supreme Court of Pakistan
C.M.A. No. 3305 of 2014 in Civil Petition No. 740 of 2013 and C.R.P. No. 295 of 2014 in Civil Petition No. 740 of 2013, decided on 1st July, 2015.
JAWWAD S. KHAWAJA, SH. AZMAT SAEED AND MAQBOOL BAQAR, JJ
Syed Rafaqat Hussain Shah, Advocate-on-Record for Appellants (in C.R.P. 295 of 2014). Dr. Babar Awan, Senior Advocate Supreme Court on Courts Notice (in C.M.A. 3305 of 2014). Sher Muhammad, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for R
C.M.A. No. 3305 of 2014 in Civil Petition No. 740 of 2013 and C.R.P. No. 295 of 2014 in Civil Petition No. 740 of 2013, decided on 1st July, 2015.
JAWWAD S. KHAWAJA, SH. AZMAT SAEED AND MAQBOOL BAQAR, JJ
Syed Rafaqat Hussain Shah, Advocate-on-Record for Appellants (in C.R.P. 295 of 2014). Dr. Babar Awan, Senior Advocate Supreme Court on Courts Notice (in C.M.A. 3305 of 2014). Sher Muhammad, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for R
AMEER REHMAN and others
VS
AMEER MUMTAZ and others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 476---Settlement of Disputes of Immovable Property (Chitral) Order [P.O. 12 of 1980], para 12---Abuse of the process of the Court---Supreme Court dismissed petition filed by the petitioners/accused persons and also issued notices to them to show cause as to why action under para 12 of President's Order No.12 of 1980, and S.476, Cr.P.C. should not be initiated against them for abusing the process of the Supreme Court---Plea of counsel of accused persons was that they were not highly educated, and therefore, there was absence of mens rea and as a consequence the notice issued to them should be discharged---Validity---Supreme Court observed that, in the present proceedings, it was not for the Court to make a factual determination of the existence or otherwise of mens rea, the same being an issue of fact---During proceedings of the present case one of the accused persons had filed an application in Court which was written in Urdu and was also signed by the said accused---Supreme Court, in such circumstances, sent the matter to the Sessions Judge, and directed him to entrust the matter to a competent court for proceedings in accordance with law against the accused persons, and to conclude their trial expeditiously---Order accordingly. (b) Administration of justice--- ----Perjury--- Fabrication of evidence--- False litigation, deterrent against---Perjury and fabrication of documentary evidence were to be taken very seriously by Courts, as this was necessary for ensuring that the administration of justice was not undermined and baseless and false litigation was also deterred. JUDGMENT JAWWAD S. KHAWAJA, J.---C.M.A.-3305/14:-On 21-5-2014 while deciding C.P. No.740 of 2013 we had passed an order dismissing the said petition with costs. However, while dismissing the petition, we had also observed as under:- "(8) In the foregoing circumstances, we hold that the title of the private respondents stood established and there no necessity for reopening the issue of title considering the circumstances which have been narrated above. We have, however, considered the possibility of taking action against the petitioners under para…
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