SYED SAIEED HASAN Versus ASAD KHAN AFRIDI Syed SAIEED HASAN , ASAD KHAN AFRIDI.,Abdul Ghafoor Mangi, Asstt. A.-G. for the State.

ORDER

1. I have heard Mr. Suleman Rabibullah, Advocate for the applicant and Mr. Abul Khair Ansari, Advocate for respondent and Mr. Abdul Ghafoor Mangi, Assistant A.‑G. for the State.

2. This is an application under section 3, Contempt of Court Act, 1976. The allegation is that respondent deliberately, knowingly and with malice forcibly arrested 4Vaseem Akhtar and‑ Raja Jawed without any warrant from Court Room where 1Vlalik Rafiq and Mahmood Habibullah, Advocates, were also present. It is stated that suddenly 10 persons including some Customs Officers, forcibly arrested the accused. The report was called from Mr. Nazim Hussain Siddiqui who was Special Judge (Customs), at that time.

3. Mr. Abdul Ghafoor Mangi, learned Assistant Advocate‑General for the State, submitted that no case for contempt of Court has been made out.

4. This application is not supported by the affidavits of other two Advocates whose names are given in the application. This application is also not supported by the affidavits of the accused who were alleged to have been arrested within the premises of the Court. The learned Special Judge (Customs), in his comments has stated that he conducted an enquiry and found that the accused was arrested outside the Court while they were coming out from the car. He has submitted statement of his Reader, Shamim Ahmed , Gohar Rehman, Naib Qasid; Shaikh Sultan, Naib Oasid, and Hamza Khan, Constable. Prima facie, no case is made out for taking action. Application is dismissed.

5. S.A./S‑154/K Application dismissed.