Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 204---Contempt of Court---When there is conflict between two decisions of -Supreme Court, the decision of the larger Bench would prevail---Earlier decision of Supreme Court rendered by five Judges, therefore, held the field--­Since the Government Functionaries had been impleaded in the contempt petitions as respondents for acting upon and implementing the earlier decision of five Judges of Supreme Court, they had committed no contempt and advice rendered by the Ministry of Law in such respect supporting conclusion of Supreme Court was also correct---Contempt petitions were dismissed accordingly. (b) Precedent--- ---- Conflict between two decisions of Supreme Court---Decision of the larger Bench shall prevail. M.S. Siddiqui, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner (in Cr.M.P. No. 9 of 1994). M. Bilal, Senior Advocate Supreme Court with Ejaz Muhammad "an, Advocate-on-Record for Petitioner (in Cr.M.P. No. 10 of 1994). Raja A. Ghafoor, Advocate-on-Record for Respondent No. 1. Raja M. Bashir, Deputy Attorney-General and Raja A. Ghafoor, Advocate-on-Record for Respondents Nos.2 and 4. Date of hearing: 31st May, 1995. ORDER SAJJAD ALI SHAH, C.J.---In both these Criminal Miscellaneous Petitions 9 and 10 of 1994, grievance of the petitioners is that respondents named therein have committed Contempt of this Court as contemplated under Article 204 of the Constitution of Islamic Republic of Pakistan for having intentionally and deliberately passed orders in favour of respondent No.l in violation of order passed by this Court on 12-7-1993 refusing leave in Civil Petition for Leave to Appeal No. 1027-L of 1992, which was filed by respondent No. l herein, namely, Ch. Khadim Hussain as petitioner. 2. Briefly stated the relevant facts in the background are that Ch. Khadim Hussain was appointed as Assistant Director/Legal (Grade-16) in the Office of the Director-General, Federal Investigation Agency on 27-8-1975 on ad hoc basis vide notification dated 12-3-1976. He approached the Federal Service Tribunal and filed Appeal No.113(R) of 1981, which was allowed vide order dated 12-10-1982 and in the…

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