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Criminal Miscellaneous Petition No. 4‑R of 1979, decided on 21st January 1979.
Constitution of Pakistan (1973)‑
‑‑ Art. 204‑Contempt of superior Court‑Attorney‑General appearing in earlier case as an officer of Court and merely stating his opinion as to time needed for completing process of accountability and holding general elections thereafter‑Contention that Attorney‑General during hearing of earlier case gave incorrect information to Court regarding holding of future elections by Chief Martial Law Administrator and as such made himself liable for contempt of Court, held, incorrect and petition entirely devoid of merit.‑[Contempt of Court].
Petitioner in person.
Sharifuddin Pirzada, Attorney‑General for Pakistan for the Government.
‑The petitioner Fatehyab Ali Khan has taken objection to the order made by this Court earlier in his contempt application bearing No. 1‑R of 1979, directing the learned. Attorney‑General for Pakistan to appear and assist the Court in the contempt matter. The ground urged by Mr. Fatehyab Ali Khan is that during the hearing of the previous case, namely, Begun Nusrat Bhutto (P L D 1977 S C 657) the learned Attorney General had given incorrect information to the Court regarding the holding of future elections by the Chief Martial Law Administrator. Apart from objecting to Mr. Sharifuddin Pirzada's appearance as an officer of the Court, the petitioner has also laid information, in the some application, stating that the learned Attorney‑General has made himself liable for action under Article 204 of the Constitution of Pakistan for committing contempt of this Court by virtue of the incorrect statement allegedly made by him in the earlier case referred to above.
The petition is entirely misconceived, as even in the earlier case the learned Attorney‑General had appeared as an officer of the Court and had merely stated his opinion as to the time needed for completing the process a of accountability and holding general elections thereafter. The petition being entirely devoid of merit, is hereby dismissed.
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