Mirza MUSHTAQ AHMAD vs JAFAR HUSSAIN, S.I. P.S. MILLAT PARK, LAHORE and others
The petitioner filed a contempt of court application alleging that the respondent, a Sub-Inspector, failed to comply with a court order dated 24-4-1996, which directed the recording of the petitioner's statement and the registration of an F.I.R. The respondent denied the allegations, asserting that the petitioner failed to appear at the police station to record his statement and further contended that an F.I.R. (No. 105 of 1996) had subsequently been registered at the relevant police station based on the petitioner's written complaint. The core legal question was whether the respondent's actions constituted contempt of court due to non-compliance with the judicial directive. The Court found that the F.I.R. had indeed been registered and a copy was placed on the record, thereby satisfying the requirements of the previous order. Consequently, the Court held that the contempt application was devoid of substance and dismissed it, establishing the principle that where a court order has been substantially complied with, a contempt application based on alleged non-compliance becomes frivolous and unsustainable.
- Does the registration of an F.I.R. subsequent to a contempt application render the application for contempt of court devoid of substance?
- Can a contempt of court application be dismissed if the underlying court order has been complied with?
' ABDUL HAFEEZ MEMON, J.---The petitioner Mirza Mushtaq Ahmad has filed this application alleging that the order passed by this Court on 24-4-1996, has not been complied with, in that neither his statement has been recorded by the Police, nor any F.I.R. Has been registered, and hence, the respondent Jafar Hussain, Sub-Inspector has committed the Contempt of Court.
2. Jafar Hussain, S.I. Is present in the Court. He has also filed his reply to the application wherein he has denied the allegations made by the petitioner. He has stated that subsequent to the order passed by this Court on 24-4-1996, the petitioner did not appear before him at the Police Station for getting his statement recorded. He further stated that in any case, F.I.R. Bearing No,105 of 1996, has been registered at Police Station Millat Park, Lahore, under the relevant sections on the basis of the written complaint of the petitioner, consequently, the order of this Court has been duly complied with, and the application made by the petitioner is frivolous.
3. Since the F.I.R. Has been registered, as stated by Sub-Inspector Jafar Hussain, and the copy thereof has been placed on the file, Criminal Original Application No,22 of 1996 is devoid of substance and is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.