MUHAMMAD DIN vs CHIEF SETTLEMENT COMMISSIONER, LAHORE AND ANOTHER
This matter concerns a petition filed under Article 206 of the Interim Constitution of Pakistan (1972) seeking to initiate contempt proceedings against the Chief Settlement Commissioner, Lahore, and another respondent. The petitioner alleged that the respondents acted improperly by allowing a third party to file a time-barred claim form regarding a property dispute, despite a previous Supreme Court judgment directing the examination of other claimants' rights. The core legal question was whether the actions of the Chief Settlement Commissioner in permitting the filing of a time-barred form constituted contempt of court. The Supreme Court held that the petition was misconceived and premature. The Court observed that the rights of the other claimants were still under inquiry pursuant to its earlier directions and that the petitioner had already challenged the Commissioner's order through a writ petition in the High Court. Consequently, the Court ruled that the allegations did not disclose any grounds for contempt proceedings, emphasizing that contempt jurisdiction cannot be invoked to bypass or preempt ongoing administrative or judicial proceedings regarding the same subject matter.
- Can contempt proceedings be initiated while the underlying administrative issue is still being adjudicated by the relevant authority?
- Is a petition for contempt of court maintainable when the petitioner has already invoked the writ jurisdiction of the High Court regarding the same subject matter?
- Does the allowance of a time-barred claim form by a Settlement Commissioner constitute contempt of court?
- Article 206, Interim Constitution of Pakistan 1972
1. SAJJAD AHMAD, J.-This petition under Article 206 of the Interim Constitution of Pakistan (1972) for initiating contempt proceedings against the Chief Settlement Commissioner, Lahore, and Muhammad Tufail, respondents, is a sequel to a judgment of this Court dated the 6th of March 1970, passed in Civil Appeal No. 26 of 1969, whereby the transfer of the western portion of the bungalow bearing No. SW-105/R43-A situated at Rattigan Road, Lahore, which was the subject- matter of dispute in that appeal, was upheld in favour of the petitioner, as ordered by the Deputy Settlement Commissioner vide his order dated 26th of November 1959. However, it was further directed in the aforesaid judgment of this Court that the cases of Muhammad Tufail and Hamida Begum, who were allegedly claimants in possession of some portion of the property, should also be examined.
2. The petitioner's grievance is that in compliance with this direction, the Chief Settlement Commissioner has shown favouritism to Muhammad Tufail by allowing him to file a C H form after the lapse of 12 years. He further alleges that Muhammad Tufail, who is not in possession of any portion of the property, had wrongly represented to this Court that he was in possession thereof.
3. The rights of Muhammad Tufail and Hameeda Begum are still being inquired into by the Chie Settlement Commissioner under the direction of this Court, and have not yet been finally determined. The petitioner has admitted in his petition that he has filed a writ petition in the Lahore High Court to challenge the order of the Chief Settlement Commissioner, permitting Muhammad Tufail, respondent, to file a time barred C H form. Without waiting for the result of that petition, he has come to this Court for revocation of the order of the Chief Settlement Commissioner by this Court in contempt proceedings, which action is wholly incomprehensible.
4. None of the allegations in the petition discloses any cause whatsoever at this stage for starting action in contempt against the respondents. This petition, which is wholly misconceived and premature, is, therefore, dismissed.