IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt. Petition No.D–557 of 2020

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on CMA No.2587/20.

2. For orders on O/objection at flag-A.

3. For orders on CMA No.2588 /20.

4. For hearing of main case.

16.07.2020

Syed Zaffar Ali Shah Advocate for petitioner.

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Syed Zasffar Ali Shah, learned counsel for the Petitioner prayed that the alleged Contemnors, despite clear directions have not complied with the order dated 30.05.2018 passed by the learned Divisional Bench of this Court in bunch of petition(s) No.D-2149/2015, in its letter and spirit. He submits that though the application was allowed by learned Additional Sessions Judge-V/Ex-Officio Justice of Peace, Sukkur but he has not complied with the directions contained in the dictum laid down in the aforesaid case reported as Abdul Hameed and another v. Province of Sindh through Secretary Home Department and 8 others (PLD 2019 Sindh 168).

2. From the perusal of record, it appears that learned Justice of peace, Sukkur disposed of the application of petitioner vide his order dated18.05.2020 whereby directions were issued to the official respondents to act in accordance with law, not to cause any harassment to the applicant and his family members, and further issued directions to provide protection to the petitioner and his family members if they are not criminal and fulfill the directions contained in the case of Abdul Hameed (Supra) but petitioner filed instant petition before this Court for same relief which is not called for.

3. The explanation offered by the learned Additional Sessions Judge-V/Ex-Officio Justice of Peace, Sukkur in his order dated 18.5.2020, prima-facie, is tenable under the law.

4. In view of the facts and circumstances of the case and for the reasons alluded as above. We are satisfied with the reasoning offered by the learned Additional Sessions Judge-V/Ex-Officio Justice of Peace, Sukkur that substantial compliance of the order dated 18.05.2020 passed by this Court in the case of Abdul Hameed and another supra has been made in its letter and spirit, therefore at this juncture, no case for initiating Contempt Proceedings is made out. It is well settled principle of law that Contempt Proceedings is always between the Court and the alleged Contemnors. Thus, we are not minded to proceed with any further on the instant petition having no merits, is accordingly dismissed in limine along with listed applications with no order as to costs.

J U D G E

J U D G E

Ihsan.