| Citation(s) |
|---|
| 2012 SLG 1579 2012 SLD 1579 2012 SCMR 1434 |
Supreme Court of Pakistan
Criminal Miscellaneous Application No.486 of 2010 in Criminal Appeal No.22 of 2002, decision dated: 12-07-2012
ASIF SAEED KHAN KHOSA, EJAZ AFZAL KHAN, IJAZ AHMED CHAUDHRY, GULZAR AHMED AND MUHAMMAD ATHAR SAEED, JJ
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Criminal Miscellaneous Application No.486 of 2010 in Criminal Appeal No.22 of 2002, decision dated: 12-07-2012
ASIF SAEED KHAN KHOSA, EJAZ AFZAL KHAN, IJAZ AHMED CHAUDHRY, GULZAR AHMED AND MUHAMMAD ATHAR SAEED, JJ
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ADNAN A. KHAWAJA
VS
THE STATE
Law:
Section:
(a) Constitution of Pakistan-------Arts. 204 & 184(3)---Contempt of Court Ordinance (V of 2003), Ss.3 & 5---National Reconciliation Ordinance (LX of 2007), Preamble---Supreme Court in the case of Dr. Mobashir Hassan v. Federation of Pakistan (PLD 2010 SC 265), had issued directions to the Government to write letter to the authorities in Switzerland to seek revival of requests for mutual legal assistance and secure the status of civil party and the claims lodged to the allegedly laundered money lying in foreign countries including Switzerland---Former Prime Minister (predecessor of the present incumbent Prime Minister), was convicted and sentenced for contempt of the Supreme Court for non-implementation of said directions of the Supreme Court by him resultantly, he lost his membership of the National Assembly and consequently the office of the Prime Minister---All the said directions issued by the Supreme Court applied with equal force to the present incumbent Prime Minister---Supreme Court observed that newly elected Prime Minister had assumed the charge of his office and that he will implement the directions of the Court---Attorney General was directed to obtain instructions from the Prime Minister and inform the court of his (present incumbent Prime Minister's) response---Attorney General submitted that the matter was taken up in a Cabinet meeting which had desired that the Ministry of Law should furnish its views as regards the matter of implementation of the said directions of the Supreme Court, and as and when the Ministry of Law rendered its opinion in the matter, the Cabinet would then take decision in accordance with the provisions of the Constitution---Validity---Supreme Court observed that the response of the present Prime Minister was difficult to appreciate or accept since predecessor of the present incumbent Prime Minister was directed to implement the relevant directions of the Supreme Court "regardless of any advice tendered earlier or in future" and all such directions applied with equal force to the present incumbent of the office of the Prime Minister/Chief Executive of the Federation as he had merely stepped into the shoes of his…
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