RIZWAN BAIG RUBI vs KHURRAM SHAHZAD Ss — 2022 MLD 1248 LAHORE-HIGH-COURT-LAHORE

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RIZWAN BAIG RUBI VS KHURRAM SHAHZAD Ss.3, 5 & 19---Contempt of court---Contempt proceedings---Nature of---Presumption attached to orders of Superior Courts---Discretion of Court with regard to initiation and continuation of contempt proceedings---Scope---Appellant impugned orders of Single Judge High Court whereby contempt of court petition filed by appellant was dismissed by Single Judge High Court on the ground that the order allegedly not complied with by alleged contemnors had become infructuous after appeals filed by the alleged contemnors before Supreme Court were withdrawn by them with permission to make fresh applications to appropriate authority by fulfilling legal conditions---Validity---Alleged contemnors / respondents had availed remedy in terms of orders of Supreme Court and therefore order passed originally by Single Judge High Court had merged with order of Supreme Court whereby respondents had been permitted to file fresh applications and such remedy was availed by respondents ---- High Court had rightly observed in impugned order that the order on which basis contempt proceedings were sought had become infructuous --- Presumption was attached to orders of superior courts that were within jurisdiction and any order of High Court contrary to order / judgment of Supreme Court could not be implemented by invoking power of contempt of court---Court itself was to see if its order was implemented or not and where court did not intend to proceed in terms of contempt for non-compliance / violation of its order for reasons of its own, in exercise of discretionary power, then any other court, much less an appellate court, could not interfere to direct such court to proceed with contempt proceedings---Single Judge High Court had refused to entertain the matter in light of order of Supreme Court and there was no reason to interfere in such order, which did not suffer from any illegality---Intra-court appeal was dismissed, in circumstances.

RIZWAN BAIG RUBI vs KHURRAM SHAHZAD Ss — 2022 MLD 1248 LAHORE-HIGH-COURT-LAHORE

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