IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.D–557 of
2020
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE. |
1. For orders on CMA No.2587/20.
2. For orders on O/objection at flag-A.
3. For orders on CMA No.2588 /20.
4. For hearing of main case.
16.07.2020
Syed Zaffar
Ali Shah Advocate for petitioner.
********
Syed Zasffar
Ali Shah, learned
counsel for the Petitioner prayed that the
alleged Contemnors, despite clear directions have not complied with the order dated 30.05.2018 passed by the learned
Divisional Bench of this Court in bunch of petition(s)
No.D-2149/2015, in its letter and spirit.
He submits that
though the application was allowed by learned Additional Sessions Judge-V/Ex-Officio
Justice of Peace, Sukkur but he has not complied with the directions contained in
the dictum laid down in the
aforesaid case reported as Abdul Hameed and another v. Province of Sindh through Secretary
Home Department and 8 others (PLD 2019 Sindh 168).
2. From
the perusal of record, it appears that learned Justice of peace, Sukkur
disposed of the application of petitioner vide his order dated18.05.2020 whereby
directions were issued to the official respondents to act in accordance with
law, not to cause any harassment to the applicant and his family members, and
further issued directions to provide protection to the petitioner and his
family members if they are not criminal and fulfill the directions contained in
the case of Abdul Hameed (Supra) but petitioner filed instant petition before this Court for
same relief which is not
called for.
3. The explanation offered by the learned Additional Sessions
Judge-V/Ex-Officio Justice of Peace, Sukkur in his order dated 18.5.2020, prima-facie, is tenable under the law.
4. In view of the
facts and circumstances of the case and for the reasons alluded as above. We
are satisfied with the reasoning offered by the learned Additional Sessions
Judge-V/Ex-Officio Justice of Peace, Sukkur that substantial compliance of the
order dated 18.05.2020 passed by this Court in the case of Abdul Hameed and another supra has been made in its letter and
spirit, therefore at this juncture, no case for initiating Contempt Proceedings
is made out. It is well settled principle of law that Contempt Proceedings is
always between the Court and the alleged Contemnors. Thus, we are not minded to
proceed with any further on the instant petition having no merits, is
accordingly dismissed in limine
along with listed applications with no order as to costs.
J U D G E
J U D G E
Ihsan.