ahlam1399
08-18-2016, 04:50 AM
ISLAMABAD: A contempt petition was filed in the Supreme Court on Wednesday against Superintendent Jail and Judicial Magistrate/ Senior Civil Judge **wshera for refusing to release an accused persons from jail, despite the fact that the apex court had bailed out the accused on June 30, 2016.
Syed Mudassir Hussain, presently confined at Judicial lockup, District **wshera through his counsel Mian Shafaqat Jan has filed the contempt petition under Article 204 of the Constitution, read with Section 3 and other relevant provisions of the Contempt of Court Ordinance, 2003 for initiating contempt proceedings against Najam Abbas, Superintendent Jail/Judicial Lockup, **wshera Cantt, Israr Khan, IO/Sub Inspector, Police Station **wshera Cantt and Ms Nusrat Naz, Senior Civil Judge/Judicial Magistrate, District **wshera for their blatant refusal to implement the order of the apex court of June 30, 2016. All these officials have been made respondents in the petition.
The petitioner prayed to the apex court to direct the respondents to immediately comply with the orders of the august Court passed on June 30, 2016 in Cr. Appeal **.304/2016 and appropriate proceedings may kindly be initiated against the respondents by prosecuting them under Article 204 of the Constitution of Pakistan, 1973 read with section 3 and other relevant sections of the Contempt of Court Ordinance, 2003.
It was submitted that the petitioner is charged under sections 419/420/468/471 PPC, vide FIR **.550 dated 05.04.2016 at P.S. **wshera Cantt and after dismissal of the bail petitions by the Peshawar High Court, the petitioner moved Cr. PLA **.566/2016 in the Supreme Court for his release on bail. On June 30, 2016 this august Court was pleased to graciously convert the Cr.PLA into Appeal i.e. Cr. Appeal **.403/2016and the same was allowed after setting aside the impugned order of the Peshawar High Court and released the petitioner on bail subject to his furnishing bail bond in the sum of Rs100,000 (Rupees One lakh) with two sureties in the like amount to the satisfaction of the trial Court.
The counsel submitted that despite the aforesaid orders of this Court, the petitioner is still confined and the jail authorities have refused to release him on bail for the only reason that sections 148/149 PPC are **t mentioned in the aforesaid order of this august Court.
He further informed that on July 12, 2016, Najam Abbas, Superintendent Jail, **wshera Cantt moved an application for seeking instructions from Ms Nusrat Naz, Senior Civil Judge/Judicial Magistrate, District **wshera regarding release of the petitioner from the judicial lockup in compliance with the orders of this august Court dated 30.06.2016.
The counsel submitted that Ms Nusrat Naz observed that there is ** mention of sections 148 & 149 PPC in the order of this august Court dated 30.06.2016 and thus the judge did **t permit the release the petitioner from the judicial lockup.
He further submitted that the said provisions i.e. 148/149 PPC are neither mentioned in the FIR **r were there in the bail applications and the bail refusing orders of the lower courts as well as in the order of the hon’ble High Court, hence, were **t mentioned in the Cr PLA filed in this Court.
“That even otherwise section 148 PPC is bailable while section 149 PPC depends on the main sections of law with which an accused is charged with, if the same is bailable then section 149 is also bailable”, the counsel submitted adding that since bail has been granted by this august Court in all of the penal provisions, there remains ** justification for retaining the petitioner in jail under section 149 PPC.
He contended that the foregoing is besides the fact that sections 148 and 149 PPC have ** relevance at all with the case of the prosecution. He informed that the petitioner has moved several CrMAs, for his release but the ****** of this august Court is **t fixing the same for hearing for some reasons.
He further contended that during hearing of the Cr.PLA **.800/2016 and Cr.PLA **.662/2016, on 16.08.2016, by Bench **.III of this august Court, the aforementioned fact was brought to the **tice of this Court and Mr Justice Amir Hani Muslim, while heading the bench, observed and directed the I.O. (the Respondent **.2) who was present in the Court to immediately release the petitioner as bail is granted by this Court in the case/FIR registered against the accused persons and **t in each and every section of law with which an accused is charged. The learned State counsel and the IO were directed to immediately release the petitioner if **t required in any other case/FIR.
However, despite this august Court’s orders dated 30.06.2016 and oral directions issued by the Bench **.III of this august Court on 16.08.2016, the respondents are **t releasing the petitioner”, the counsel contended.
He prayed that the orders of this august Court are being openly flouted and disobeyed by the respondents, hence, contempt of court proceedings be initiated against the respondents for their blatant refusal to implement the order of the apex court, passed on June 30, 2016.
http://feeds.feedburner.com/~r/com/YEor/~4/0jVj7bo_mHE
أكثر... (http://feedproxy.google.com/~r/com/YEor/~3/0jVj7bo_mHE/143360-SC-moved-for-contempt-proceedings-against-**wshera-jail-superintendent)
Syed Mudassir Hussain, presently confined at Judicial lockup, District **wshera through his counsel Mian Shafaqat Jan has filed the contempt petition under Article 204 of the Constitution, read with Section 3 and other relevant provisions of the Contempt of Court Ordinance, 2003 for initiating contempt proceedings against Najam Abbas, Superintendent Jail/Judicial Lockup, **wshera Cantt, Israr Khan, IO/Sub Inspector, Police Station **wshera Cantt and Ms Nusrat Naz, Senior Civil Judge/Judicial Magistrate, District **wshera for their blatant refusal to implement the order of the apex court of June 30, 2016. All these officials have been made respondents in the petition.
The petitioner prayed to the apex court to direct the respondents to immediately comply with the orders of the august Court passed on June 30, 2016 in Cr. Appeal **.304/2016 and appropriate proceedings may kindly be initiated against the respondents by prosecuting them under Article 204 of the Constitution of Pakistan, 1973 read with section 3 and other relevant sections of the Contempt of Court Ordinance, 2003.
It was submitted that the petitioner is charged under sections 419/420/468/471 PPC, vide FIR **.550 dated 05.04.2016 at P.S. **wshera Cantt and after dismissal of the bail petitions by the Peshawar High Court, the petitioner moved Cr. PLA **.566/2016 in the Supreme Court for his release on bail. On June 30, 2016 this august Court was pleased to graciously convert the Cr.PLA into Appeal i.e. Cr. Appeal **.403/2016and the same was allowed after setting aside the impugned order of the Peshawar High Court and released the petitioner on bail subject to his furnishing bail bond in the sum of Rs100,000 (Rupees One lakh) with two sureties in the like amount to the satisfaction of the trial Court.
The counsel submitted that despite the aforesaid orders of this Court, the petitioner is still confined and the jail authorities have refused to release him on bail for the only reason that sections 148/149 PPC are **t mentioned in the aforesaid order of this august Court.
He further informed that on July 12, 2016, Najam Abbas, Superintendent Jail, **wshera Cantt moved an application for seeking instructions from Ms Nusrat Naz, Senior Civil Judge/Judicial Magistrate, District **wshera regarding release of the petitioner from the judicial lockup in compliance with the orders of this august Court dated 30.06.2016.
The counsel submitted that Ms Nusrat Naz observed that there is ** mention of sections 148 & 149 PPC in the order of this august Court dated 30.06.2016 and thus the judge did **t permit the release the petitioner from the judicial lockup.
He further submitted that the said provisions i.e. 148/149 PPC are neither mentioned in the FIR **r were there in the bail applications and the bail refusing orders of the lower courts as well as in the order of the hon’ble High Court, hence, were **t mentioned in the Cr PLA filed in this Court.
“That even otherwise section 148 PPC is bailable while section 149 PPC depends on the main sections of law with which an accused is charged with, if the same is bailable then section 149 is also bailable”, the counsel submitted adding that since bail has been granted by this august Court in all of the penal provisions, there remains ** justification for retaining the petitioner in jail under section 149 PPC.
He contended that the foregoing is besides the fact that sections 148 and 149 PPC have ** relevance at all with the case of the prosecution. He informed that the petitioner has moved several CrMAs, for his release but the ****** of this august Court is **t fixing the same for hearing for some reasons.
He further contended that during hearing of the Cr.PLA **.800/2016 and Cr.PLA **.662/2016, on 16.08.2016, by Bench **.III of this august Court, the aforementioned fact was brought to the **tice of this Court and Mr Justice Amir Hani Muslim, while heading the bench, observed and directed the I.O. (the Respondent **.2) who was present in the Court to immediately release the petitioner as bail is granted by this Court in the case/FIR registered against the accused persons and **t in each and every section of law with which an accused is charged. The learned State counsel and the IO were directed to immediately release the petitioner if **t required in any other case/FIR.
However, despite this august Court’s orders dated 30.06.2016 and oral directions issued by the Bench **.III of this august Court on 16.08.2016, the respondents are **t releasing the petitioner”, the counsel contended.
He prayed that the orders of this august Court are being openly flouted and disobeyed by the respondents, hence, contempt of court proceedings be initiated against the respondents for their blatant refusal to implement the order of the apex court, passed on June 30, 2016.
http://feeds.feedburner.com/~r/com/YEor/~4/0jVj7bo_mHE
أكثر... (http://feedproxy.google.com/~r/com/YEor/~3/0jVj7bo_mHE/143360-SC-moved-for-contempt-proceedings-against-**wshera-jail-superintendent)