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Criminal Application No.5‑D of 1981, decided on 13th April, 1983.
‑‑‑Ss. 3 & 4‑‑Contemner allegedly cutting trees in violation of directions given by High Court‑‑High Court appointing Local Commission to inspect site and submit his report‑‑Report of Local Commission showing that matter not being so serious to initiate contempt proceedings‑‑Held, contempt is a matter between contemner and Court‑‑High Court, however, did not initiate further proceedings against alleged contemner in peculiar circumstances of case.
Ch. Qamar‑ud‑Din Meo for Petitioner.
Umar Kamal Khan for Respondent.
This is an application to initiate contempt proceedings against Malik Sultan Mahmood and others.
2. The allegations are that he cut the trees in violation of the directions given by this Court.
3. Since the respondents in their reply had stated that they did not: cut the trees, a local commission was appointed to inspect the site and submit his report who after having inspected the site in the presence of the parties submitted his report to the effect that;
"there are about 80/85 Kino, fruiter plants standing in the field. There are also Shisham as well as keeker trees on the Bannas of the fields. I found a Kino plant trimmed upto height of 2/2 feet from the ground and was bearing fruits while about 4/5 Kino plants which were not trimmed were having no fruit on their branches. The main branches of 4 Kino plants were found having been cut down from the ground in which two branches have been grown from earth. Yet these Kino plants were having fruits on their branches. So far as the branches of Shisham trees are concerned, I found only 3 Shisham trees whose 3 main, branches 2)" in diameter were found cut."
4. After going through the report of local commission I am of the opinion that the matter is not so serious that this Court may initiate contempt proceedings. Since the contempt is a matter between the contemner and the Court I am not inclined to initiate further proceeding against the alleged contemner in the peculiar circumstances of the case. The petition is disposed of accordingly.
5. The office is, however, directed to fix the main revision as early as possible preferable before summer vacations, 1983.
H.A. Contempt petition dismissed.
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