| Citation(s) |
|---|
| 2025 SLG 5252 2025 SLD 5252 = 2025 SHC 2431 |
Constitutional Petition No. D-5072 of 2023
Before: Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon
Date of hearing and order: 03.09.2025 Ms. Wajiha M. Mehdi, Assistant Attorney General Nemo for the respondents.
(Faisal Malik
VERSUS
Province of Sindh & others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: National Accountability Ordinance, 1999
Section: 16-B
Case Summary
The petitioner, a Section Officer in the Ministry of Law & Justice, challenged a show-cause notice for contempt issued by the Presiding Judge of Accountability Court-II, Karachi. The notice arose from an administrative letter written by the petitioner highlighting a financial irregularity, namely that an Accountability Court judge continued to receive High Court judge-level salary and benefits after the relevant provision of the National Accountability Ordinance (NAO), 1999 had expired on 02.06.2022.
The Court held that the petitioner acted in his official administrative capacity to ensure financial discipline and did not intend to scandalize or interfere with the administration of justice. It further observed that challenges to show-cause notices are maintainable where jurisdiction is lacking or the process is abused. Since there was no evidence of contempt or interference with judicial functions, the show-cause notice was found unnecessary, and the petition was disposed of accordingly.