Case Details

Citation(s)
2000 SLG 1019 2000 SLD 1019 2000 SCMR 1569 2000 SLD 1432 2000 SCMR 1569
Supreme Court of Pakistan
Criminal Original Petition No. 81 of 1999, decision dated: 2-11-1999.
SAIDUZZAMAN SIDDIQUI, C.J., IRSHAD HASAN KHAN, MUHAMMAD BASHIR, JEHANGIRI, NASIR ASLAM ZAHID AND CH. MUHAMMAD ARIF, JJ

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FOUZIA SALEEM ABBAS and 3 others

VS

FEDERATION OF PAKISTAN through Secretary, Kashmir Affairs, Islamabad and another

Law:

Section:

Constitution of Pakistan (1973)--Art. 204---Contempt of Court---Holding of election in Northern Areas--­Allegation was that notification issued by the Federal Government was against the spirit of the of Supreme Court and in violation of its order---Documents produced alongwith parawise comments filed on behalf of Federal Government showed that in issuing Notification for holding elections in the Northern Areas the directions given by Supreme Court in its had been substantially complied with---No case for drawing up contempt proceedings against the respondents was, therefore, made out---Petition was dismissed accordingly. "Sh. Muhammad Naeern, Advocate Supreme Court and M. A. Zaidi, Avocate-on-Record for Petitioners. Tanvir Bashir Ansari, Deputy Attorney-General for Respondents. Date hearing; 2nd November, 1999. JUDGMENT SAIDUZZAMAN SIDDIQUI, C.J.---The above Criminal Original Petition is filed by the petitioners with the following prayer:--- "It is, therefore, respectfully prayed that the contempt proceedings be initiated against the respondents since the Notification No. 14/11/99-CS is against the spirit of judgment of Supreme Court dated 12-5-1999 and in violation of the order of Supreme Court. Hence the Elections declared by respondents to be held on November 3rd and 5th are against the judgment of Supreme Court the same be postponed and respondents be directed to declare the Administrative/Judicial set-up in accordance with the judgment of Supreme Court. Northern Areas is considered to be fifth zone of the country, therefore, the order of Chief Executive is applicable in letter and spirit. No elections can be held unless the accountability process is completed within the coming (sic) the election are also against P.C.O No. l of 1999 of Chief Executive." We have heard Sh. Muhammad-Naeem, Advocate Supreme Court, for the petitioners and Mr. Tanvir Bashir Ansari, the learned Deputy Attorney-General for the Federation. The main grievance of the petitioners appears to be that the elections announced for 3rd and 5th of this month in the Northern Areas be ordered to be postponed as the same are against the spirit of the judgment of this Court dated 28-5-1999. The…
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