IN THE LAHORE HIGH COURT, LAHORE.

Crl. Org. No._________/W/2019

In
W.P. No. 23908/2019

Mst. Asia Nabeela widow of Mian Safdar Iqbal (deceased) resident of

Al-Rehman Garden Phase-II, Block-A, House NO.64, Faizpur Khurd,
Tehsil Ferozwala, District Sheikkhupura.

…PETITIONER

VERSUS

District Complaint Officer, Lahore (Mr. Athar Waheed), District

Lahore.

…RESPONDENTS

PETITION UNDER SECTION 3/4 OF CONTEMPT OF COURT

AMENDMENT ORDINANCE 2003 READ WITH ARTICLE 204 OF
THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
FOR INITIATING CONTEMPT OF COURT PROCEEDINGS AGAINST
THE RESPONDENTS FOR INTENTIONALLY AND DELIBERATELY
VIOLATING THE ORDERS DATED 22.04.2019 PASSED BY THIS
HON’BLE COURT.

Respectfully Sheweth:-

1. That the brief facts necessitating for the filing of instant

contempt petition are that the petitioner filed a writ
petition bearing No.23908/2019 for issuance of
direction to respondents for getting a criminal case
registered against the alleged delinquents which was
accepted by this Hon’ble court vide order dated
22.04.2019 with the following:-

“2. After hearing the learned counsel at some

length, I am inclined to direct the office to
 send a copy of this petition along with its
annexures to the District Complaint Officer
concerned nominated vide Notification
No.4507/EXEC-III dated 31.12.2018 issued by
the Government of the Punjab. The said officer
decide the same in accordance with law within
seven days from the date of receipt of certified
copy of this order”

Copy of the order is attached here with as Annexure-A.

2. That the order dated 22.04.2019 passed by this Hon’ble

Court was duly conveyed to the respondent by the
petitioner as well as the office of this Hon’ble Court, but
the respondent willfully and deliberately violated the
order passed by this Hon’ble Court and till today the
respondent while using different delaying tactics
lingering upon the matter on pretext to other.

3. Although, the order dated 22.04.2019 passed by this Hon’ble

Court is in field and the respondent by virtue of u/s 4 of
contempt of Court are bound to comply with order in its letter
and spirit without fail but the respondent willfully and
deliberately have violated the order of this Hon’ble Court.

4. That throughout the case the act and conduct of respondent is

not only contemptuous but derogatory and malafidy towards the
order of this Hon’ble Court, it is necessary for administration of
natural justice to initiate the contempt of Court proceedings
against the respondent. Reliance is placed upon 2012 SCMR
909.

5. That by way of committing this act, the respondents rendered

themselves to be prosecuted under the contempt of the Court
ordinance, if the contempt proceedings may not be initiated
against the respondent, the petitioner shall suffer irreparable
loss and injury.
PRAYER:

Under these circumstances, it is humbly prayed that instant

contempt petition may kindly be accepted and the respondents may
kindly be personally called and initiate contempt of Court proceedings
against them and awarded exemplary punishment for willfully and
deliberately non compliance of order dated 22.04.2019 of this Hon’ble
Court in the interest of justice.

Any other relief which this Hon’ble Court deems fit and
appropriate may also be awarded to the petitioner.

Petitioner

Through

MIAN MUHAMMAD YASIN

Advocate High Court
L.LM,
1-Fane Road, First Floor, Bakshi Tower, Lahore
CC NO. PLH-17901
Cell No.0300-4772109
Dated: 02.05.2019

CERTIFICATE:
As per instruction of my clients this is First contempt Petition filed on
the subject matter before this Honourable Court.

ADVOCATE
 IN THE LAHORE HIGH COURT, LAHORE.

Crl. Org. No._________/W/2019

In
W.P. No. 23908/2019

Mst. Asia Nabeela

VERSUS

District Complaint Officer, Lahore (Mr. Athar Waheed), District

Lahore.

(CONTEMPT PETITION)

AFFIDAVIT OF: Mst. Asia Nabeela widow of Mian Safdar Iqbal

(deceased) resident of Al-Rehman Garden
Phase-II, Block-A, House NO.64, Faizpur
Khurd, Tehsil Ferozwala, District
Sheikkhupura.

I, the above named deponent do hereby solemnly affirm and declare as

under:

1. That the brief facts necessitating for the filing of instant

contempt petition are that the petitioner filed a writ
petition bearing No.23908/2019 for issuance of
direction to respondents for getting a criminal case
registered against the alleged delinquents which was
accepted by this Hon’ble court vide order dated
22.04.2019 with the following:-

“2. After hearing the learned counsel at some

length, I am inclined to direct the office to
send a copy of this petition along with its
annexures to the District Complaint Officer
concerned nominated vide Notification
No.4507/EXEC-III dated 31.12.2018 issued by
the Government of the Punjab. The said officer
decide the same in accordance with law within
 seven days from the date of receipt of certified
copy of this order”

Copy of the order is attached here with as Annexure-A.

2. That the order dated 22.04.2019 passed by this Hon’ble

Court was duly conveyed to the respondent by the
petitioner as well as the office of this Hon’ble Court, but
the respondent willfully and deliberately violated the
order passed by this Hon’ble Court and till today the
respondent while using different delaying tactics
lingering upon the matter on pretext to other.

3. Although, the order dated 22.04.2019 passed by this Hon’ble

Court is in field and the respondent by virtue of u/s 4 of
contempt of Court are bound to comply with order in its letter
and spirit without fail but the respondent willfully and
deliberately have violated the order of this Hon’ble Court.

4. That throughout the case the act and conduct of respondent is

not only contemptuous but derogatory and malafidy towards the
order of this Hon’ble Court, it is necessary for administration of
natural justice to initiate the contempt of Court proceedings
against the respondent. Reliance is placed upon 2012 SCMR
909.

5. That by way of committing this act, the respondents rendered

themselves to be prosecuted under the contempt of the Court
ordinance, if the contempt proceedings may not be initiated
against the respondent, the petitioner shall suffer irreparable
loss and injury.

DEPONENT

VERIFICATION:

Verified on Oath at Lahore this 02nd day of May, 2019, that the
contents of above affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed therefrom.

DEPONENT
 IN THE LAHORE HIGH COURT, LAHORE.

Crl. Org. No._________/W/2019

In
W.P. No. 23908/2019

Mst. Asia Nabeela

VERSUS

District Complaint Officer, Lahore (Mr. Athar Waheed), District Lahore

INDEX
Sr Description of Documents Annex Page

1 Contempt Petition with affidavit

2 Copy of order dated 22.04.2019 passed in A
W.P. No. 23908/2019
3. Power of Attorney.

PETITIONER

Through:-

MIAN MUHAMMAD YASIN

Advocate High Court
L.LM,
1-Fane Road, First Floor, Bakshi Tower, Lahore
CC NO. PLH-17901
Cell No.0300-4772109