| Citation(s) |
|---|
| 2019 SLG 3228 2019 SLD 3228 2019 MLD 2042 |
Sindh High Court
Constitutional Petition No. D-5841 of 2018, Misc. No. 395 of 2019 and Misc. Nos. 39356, 39357 and 36802 of 2018, decision & hearing Dated: 11-02-2019.
MOHAMMED KARIM KHAN AGHA, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: person.
Respondent(s) by: Shahab Sarki No.27 (PPL) Khaleeq Ahmed, along with Arshad Iqbal, Legal Advisor, Mari Petroleum. Abid Naseem for
Respondent (OGDCL) Mr. Salman Talibuddin, Advocate General Sindh. Ghulam Mustafa Mahesar, Addl.
Constitutional Petition No. D-5841 of 2018, Misc. No. 395 of 2019 and Misc. Nos. 39356, 39357 and 36802 of 2018, decision & hearing Dated: 11-02-2019.
MOHAMMED KARIM KHAN AGHA, JUSTICE OMAR SIAL, JUSTICE
Petitioner(s) by: person.
Respondent(s) by: Shahab Sarki No.27 (PPL) Khaleeq Ahmed, along with Arshad Iqbal, Legal Advisor, Mari Petroleum. Abid Naseem for
Respondent (OGDCL) Mr. Salman Talibuddin, Advocate General Sindh. Ghulam Mustafa Mahesar, Addl.
ROSHAN ALI LAKHANI
VS
SAEED ULLAH SHAH AND 51 OTHERS
Law: Contempt of Court Ordinance, 2003
Section: 3,4
Law: Constitution of Pakistan, 1973
Section: 204
Contempt of Court Ordinance (V of 2003)--- ----Ss.3 & 4---Constitution of Pakistan, Art. 204---Contempt of Court---Non-implementation of directions of the Supreme Court regarding social welfare and development projects---Judicial restraint, exercise of---Contempt proceedings against Provincial Chief Secretary---Prima facie, the Provincial Chief Secretary had now taken meaningful steps to implement the directions contained in the of the Supreme Court in both letter and spirit--- In such circumstances by exercising judicial restraint for the time being, the High Court chose to pend the issue of contempt proceeding against the present Provincial Chief Secretary and other Chief Secretaries who were in office after the year 2012 subject to the performance of the Chief Secretary in implementing the directions of the Supreme Court in the near future in both letter and spirit---Adopting such approach of judicial restraint, and giving last chance to the Chief Secretary, was the most productive way of achieving one of the primary objectives of the directions of the Supreme Court in the shortest and most efficient way, namely the building of welfare works for the benefit of the local community--- Such judicial restraint however should not be considered as weakness on the part of the High Court but rather as magnanimity on its part---High Court directed that if the current Chief Secretary failed to avail the last chance given to him the Court would not hesitate to revive the contempt proceedings against both him and all other Chief Secretaries from 2012 to date---Implementations proceedings were listed for next date of hearing along with certain directions that had to be followed before the next date. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, J.--- Mr. Abdul Wahab Baloch files his Vakalatnama on behalf of the petitioner along with statement of objections to the last report of the Chief Secretary which is taken on record and a copy of the same has been provided to AG Sindh, Asst. AGP and representatives of DG PC who may file their comments prior to the next date of hearing. 2. Pursuant to order dated 28-01-2019 the DG PC has filed comments in terms of a yearly…
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