Case Details

Citation(s)
1980 SLG 3013 = 1980 SLD 3013 = 1980 PCRLJ 81
Lahore High Court
Criminal Original No. 330/W of 1979, Writ Petition No. 2927 of 1979, decided on 3rd December 1979.
Presented By: Zakiuddin Pal, J
Ch. Muhammad Hussain for Petitioners. Ch. Khalil-ur-Rehman Ramdey, A. A.-G. for
Respondents.

MUHAMMAD ASHRAF AND 3 OTHERS-Petitioners

VERSUS

PRESIDENT, SUMMARY MILITARY COURT, SAHIWAL AND 2 OTHERS-Respondents

Law: Constitution of Pakistan, 1973

Section: 212

Law: Contempt of Court Act, 1976

Section: 3

Constitution of Pakistan (1973) Art. 212-A read with. Contempt of Court Act (LXIV of 1976), S. 3 Contempt of Court-Jurisdiction of Court challenged-Stay order, held, car. be granted by such Court notwithstanding challenge-Objection with regard to jurisdiction-To be determined ultimately by Court itself and not by any other authority-Matter with regard to jurisdic tion of High Court and effect of Art. 212-A, Constitution of Pakistan (1973) being sub judice before Full Bench of High Court stay order granted by High Court, held further, still operative and violation of such order open to legal action.-[Jurisdiction-Contempt of Court].                                                                                                                    ORDER Writ Petition No. 2927 of 1979, fled by the petitioners, was admitted to regular hearing by this Court on 2-6-1979. Further proceedings before the Summary Military Court were stayed. The grievance of the petitioners is that in spite of the stay order granted by this Court proceedings have been started after they had been apprehended. The present Criminal Original has been filed for punishing the respondents for contempt of this Court for violating the aforesaid order. 2. The petitioners have been apprehended and proceeded against by the Summary Military Court, probably, under the impression that on account of the promulgation of Article 212-A of the…
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