Mirza MUSHTAQ AHMAD vs PROVINCE OF PUNJAB and others
This matter originated as a contempt of court proceeding initiated against a police officer, Rana Bashir Ahmed, for alleged non-compliance with a prior court order directing the registration of a First Information Report (F.I.R.). The core legal question was whether the respondent officer should be held in contempt for failing to register the F.I.R. as previously ordered by the Supreme Court. Upon review, the Court noted that the F.I.R. had since been registered and that the respondent provided a plausible explanation, citing the petitioner's own lack of cooperation and failure to appear when summoned as the primary cause for the delay. Consequently, the Court decided not to proceed with contempt charges, withdrawing the show-cause notice issued against the officer while issuing a formal warning to ensure future compliance with judicial directives. The Court further directed the Senior Superintendent of Police, Lahore, to appoint an independent officer to conduct the investigation into the petitioner's case, thereby ensuring an impartial process moving forward. The judgment underscores the necessity of judicial compliance while acknowledging practical impediments in police investigations.
- Can a contempt of court notice be withdrawn if the underlying court order has been complied with?
- Is a respondent's explanation regarding a petitioner's non-cooperation a valid defense in contempt proceedings?
- Does the Supreme Court have the authority to direct the appointment of an independent officer for a police investigation?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.---Mr. Muhammad Hanif Khatana, Additional Advocate- General, stated that in pursuance of order of this Court, dated 24th April, 1996 now F.I.R. Has been registered in the concerned Police Station and process of investigation in respect of the charges mentioned therein is in progress.
2. Rana Bashir Ahmed by filing reply of show-cause notice stated that he summoned the petitioner Mushtaq Ahmed on different occasions but he himself was reluctant to appear before him therefore, having left with no option he registered F.I.R. No,105 on 10th July, 1996 at Police Station Millat Park, Lahore, copy whereof has also been placed on record. Perusal of record indicates that the petitioner himself has not been cooperating with the Police for the reasons best known to him.
However, as now the order has been complied with and prior to it, Rana Bashir Ahmed, the then S.H.O., Police Station Millat Park, Lahore had also registered a case. Rana Bashir Ahmed in his reply so filed had also tendered unconditional apology after explaining the circumstances and has stated that he has all respect to the orders of the Courts but it was the petitioner who was not cooperating in spite of summoning as he did not turn up. Therefore, in these circumstances, we are not inclined to proceed for the contempt of Court against Rana Bashir Ahmed former S.H.O., Police Station Millat Park, Lahore, hence, notice issued against him is withdrawn. However, he is warned that in future he should remain careful towards implementation of the Court's orders. S.S.P., Lahore is directed to depute an independent officer for conducting investigation in the case of the petitioner which has now been registered as per the statement of the learned Additional Advocate-General.