| Case ID |
2bd26a8f-7cd8-40cd-93a3-03ba3284b68a |
| Body |
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| Case Number |
Criminal Original Petition No.32 of 2008 in Civil |
| Decision Date |
Jun 03, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the Criminal Original Petition for contempt of court against the respondents, as it found that the main civil appeal had not been decided on merits but rather based on the undertaking provided by the respondents. The court determined that the respondents' actions did not violate the order of the court, and thus no contempt was established. The decision emphasized the importance of compliance with court orders and the principle that contempt proceedings cannot be initiated solely at the behest of a litigant. The court also recognized the balance between enforcing its orders and acknowledging the complexities involved in administrative decisions made by public authorities. |
| Summary |
In the case of Khalid Rashid vs. Kamran Lashari, the Supreme Court of Pakistan examined the principles surrounding contempt of court, particularly in relation to administrative actions by the Capital Development Authority (C.D.A.) regarding land use in Islamabad. The petitioner claimed that the C.D.A. violated a court order regarding the preservation of a green area adjacent to his property, alleging contempt by the respondents. The Supreme Court clarified that contempt proceedings require clear evidence of disregard for court orders, emphasizing the need for judicial respect and the binding nature of its decisions on all authorities. The ruling reasserted the court's authority while balancing it with the administrative discretion exercised by public bodies. This case highlights the critical intersection of law, justice, and public administration, underscoring the judiciary's role in safeguarding the rule of law in Pakistan. Keywords: contempt of court, Supreme Court of Pakistan, administrative law, judicial authority, public administration, land use, Islamabad. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
RAJA FAYYAZ AHMED,
CH. IJAZ AHMED, JJ
|
| Lawyers |
Muhammad Akram Sheikh, Senior Advocate Supreme Court for Petitioner.,
Afnan Karim Kundi, Advocate Supreme Court for Respondents.,
Raja Abdul Ghafoor, Advocate-on-Record for Respondents.,
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court.,
M.S Khattak, Advocate-on-Record for Applicants.
|
| Petitioners |
KHALID RASHID
|
| Respondents |
KAMRAN LASHARI, Chairman, C.D.A.
|
| Citations |
2010 SLD 2701,
2010 SCMR 594
|
| Other Citations |
Mst. Kishwar Sultan Jehan Begum's case PLD 1976 Lah.580,
Khyber Zaman's case 2005 SCMR 235,
Shah Alam Khan's case PLD 1993 SC 297,
Sarfraz Hussain's case 2005 YLR 337,
Tarit Kanti Biswas' case AIR 1918 Cal. 988,
Ch. Zahur Illahi's case PLD 1975 SC 383,
Karachi Development Authority's case PLD 1969 SC 430,
Capt.(Retd.) Abdul Qayyum's case PLD 1992 SC 184,
Messrs Nishat Mills Limited v. Government of Pakistan and others 1989 CLC 1692,
Imtiaz Ali's case 2001 SCMR 832,
Tariq Aziz's case 2000 SCMR 751,
Safia Bibi's case PLD 1982 SC 247,
Rana Muhammad Arshad's case 1998 SCMR 1462
|
| Laws Involved |
Constitution of Pakistan (1973),
Contempt of Court Act (LXIV of 1976)
|
| Sections |
204,
4,
189,
190,
3,
4
|