EKRAM UD DIN KHAN vs The D — 2023 PLD 90 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 90 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: EKRAM UD DIN KHAN vs The D
Subject matter: Civil
Provisions referred to: S. 4; Civil Procedure Code (V of 1908); Central Law Officers Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

EKRAM UD DIN KHAN VS The D.G. F.I.A. S. 4a---Civil Procedure Code (V of 1908), Ss. 151 & 114---Constitution of Pakistan, art.199---Constitutional petition---Contempt proceedings---Prosecutor, appointment of---Review of order---Dispute was with regard to appointing prosecutor in contempt proceedings from advocate General's office instead of from attorney General's office---Validity---Contempt proceedings were not included under S. 4a Central Law Officers Ordinance, 1970---Such proceedings were a different category of proceedings, whereby prosecutor was usually a persona designata and it was a deliberate omission by the Legislature---Provisions of Central Law Officers Ordinance, 1970 only related to Federal Law Officers and did not cover position of Provincial Law Officers in such matters---Original proceedings commenced before Family Court at 'K', petition was moved before High Court, cause of original action arose in "K"---allegedly contempt was made before High Court of Sindh, therefore, prosecutor was to be advocate General of Sindh or a person designated by him from his office---High Court declined to interfere in the order appointing prosecutor from office of advocate General's office as there was no error floating on the face of record---High Court directed advocate General or a person designated by him, amongst the a.a.G's. working in his office, to prosecute contempt proceedings, who would provide all necessary documents to alleged contemnor---Review petition was dismissed in circumstances.

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