Al Wakeelo
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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NISAR AHMAD KHAWAJA VS Respondent: MUHAMMAD USMAN MUHAMMAD KHAN WASAN
Court Name: Supreme Court of Pakistan Judge(s):Nasim Hasan Shah, Sheikh Anwarul Haq, Muhammad Afzal Zullah, Ghulam
Safdar Shah, Karam Elahi Chauhan Title: NISAR AHMAD KHAWAJA vs MUHAMMAD USMAN MUHAMMAD KHAN WASAN Case No.: Criminal Miscellaneous Petition No, K-3 of 1980 Date of Judgment:1980-01-21 Reported As: 1980 SCMR 723 Result: Application dismissed Judgment ORDER ANWARUL HAQ, C.J. - This application prays for action by way of contempt against Mr. Muhammad Usman Muhammad Khan Wasan, Additional City Magistrate, New Town, Karachi, on the allegation that during the course of hearing a criminal case against the petitioner Nisar Ahmad Khawaja under section 447 of the Pakistan Penal Code, he remarked as under : "I care a jot for the Supreme Court." ' The background of the incident is stated to be that the petitioner had moved a transfer application, which was dismissed by the High Court and the case had then come up before the learned Magistrate on the 29th of December, 1979. On learning that the transfer application made by the petitioner had been dismissed by the High Court of Sind, the learned Magistrate is alleged to have inquired from the petitioner and his counsel Mr. Faiz-ud-Din, as to what next they could do, to which Mr. Faiz-udDin replied that he might go to the Supreme Court if so instructed by his client. On hearing this reply from the petitioner's counsel, the respondent is stated to have made the offending remarks already quoted. ' In support of these allegations, the petitioner and his Advocate Mr. Faiz-ud-Din both have filed affidavits, and they have also mentioned the names of some other persons, who were present in the Court at that time. In reply, the respondent has denied all these allegations and has asserted that the present application has been made against him for the reason that he did not oblige the petitioner and his Advocate, who were trying to adopt delaying tactics. After denying the factual allegation the
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respondent has reiterated his respect for this Court and has also tendered an unconditional and unqualified apology. ' It will be seen that there is an assertion on the one side and denial on the other. In view of the correct attitude adopted by the respondent, who is also present in person before us, we do not think that any useful purpose would be served by embarking upon into factual inquiry. It goes without saying that a duty rests on all citizens, and particularly on Presiding Officers of judicial institutions, to show due respect to the superior Courts of the country. We are glad to notice that the respondent is fully aware of his duty in this behalf. In the circumstances, no further action is called for on this application, which is hereby dismissed. ' A copy of this order shall be sent to the respondent.