Case Details

Citation(s)
2023 SLG 836 2023 SLD 836 2023 PLD 90
Sindh High Court
Constitutional Petition No. D-2179 of 2021, decided on 27th May, 2022. Date of hearing: 20th May, 2022.
Before Mohammad Karim Khan Agha and Khadim Hussain Tunio, JJ
Petitioner is present in person. Sarwar Khan, Additional Advocate General. Irshad Ali, Assistant Attorney General. Iqbal Awan, A.P.G. Muhammad Ahmed alleged contemnor. Badar Alam for the alleged contemnor.

EKRAM UD DIN KHAN---Petitioner

VERSUS

The D.G. F.I.A. and 3 others-----Respondents

Law: Central Law officers Ordinance, 1970

Section: 4A

Law: Civil Procedure Code (V of 1908)

Section: 4A

Law: Constitution of Pakistan, 1973

Section: 199

Central Law Officers Ordinance (VII of 1970)--- ----S. 4A---Civil Procedure Code (V of 1908), Ss. 151, 114---Constitution of Pakistan, Art.199---Constitutional petition---Contempt proceedings---Prosecutor, appointment of---Review of order---Dispute was with regard to appointing prosecutor in contempt proceedings from Advocate Generals office instead of from Attorney Generals office---Validity---Contempt proceedings were not included under S. 4A Central Law Officers Ordinance, 1970---Such proceedings were a different category of proceedings, whereby prosecutor was usually a persona designata and it was a deliberate omission by the Legislature---Provisions of Central Law Officers Ordinance, 1970 only related to Federal Law Officers and did not cover position of Provincial Law Officers in such matters---Original proceedings commenced before Family Court at K, petition was moved before High Court, cause of original action arose in K---Allegedly contempt was made before High Court of Sindh, therefore, prosecutor was to be Advocate General of Sindh or a person designated by him from his office---High Court declined to interfere in the order appointing prosecutor from office of Advocate Generals office as there was no error floating on the face of record---High Court directed Advocate General or a person designated by him, amongst the A.A.Gs. working in his office, to prosecute contempt proceedings, who would provide all necessary documents to alleged contemnor---Review petition was dismissed in circumstances. Justice Qazi Faez Isa and others v. The President of Pakistan and others (Civil Review Petitions Nos. 296 to 301, 308, 309 and 509 of 2020 and C.M.A. No. 4533 of 2020) PLD 2022 SC 119; Sayyed Hassan through Legal Heirs v. Chief Land Commission, Punjab, Lahore and others 2000 SCMR 1440; (Criminal Miscellaneous Application No.296 of 2008 in/and Criminal Original Petition No. 38 of 2009) 2009 SCMR 780 and The State v. Muhammad Akbar Cheema PLD 1993 Lah. 658 ref. Naushaba Kazi, XII Civil Judge, Karachi (South) v. Mehjabeen Rarzana, Advocate 2003 PCr.LJ 277 rel. ORDER MOHAMMAD KARIM KHAN AGHA, J.---The learned Advocate General Sindh has filed an application for…
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