ANWAR MANSOOR KHAN vs SPECIAL COURT, ISLAMABAD through Registrar, Islamabad Ss — 2025 PLD 168 ISLAMABAD

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ANWAR MANSOOR KHAN VS SPECIAL COURT, ISLAMABAD through Registrar, Islamabad Ss. 4 & 12---Constitution of Pakistan, Art. 199---Constitutional petition---Expunging of remarks---Misbehaving during Court proceedings---Powers of Court---Non-issuance of show cause notice---Petitioner sought expunging of remarks made against him by Special Court during the proceedings of trial---Validity---Hands of a Court cannot be tied up by requiring that in face of misbehavior by a party or a counsel, prior to recording what transpired in Court, it must issue a notice to misbehaving party or counsel---Where misbehavior acquires a form that the Court is minded to exercise its powers of contempt, the law does require that a notice be issued---High Court in exercise of constitutional jurisdiction declined to expunge the remarks made against petitioner, as order of Special Court did not suffer from any illegality of a nature that rendered the order illegal and without jurisdiction and had to be corrected by High Court in its constitutional jurisdiction---Petitioner alleged that Special Court in its order had misstated facts but there was no factual basis to assume that the petitioner's version of facts constituted actual truth---High Court merely on the basis of affidavit furnished by petitioner, declined to interfere with and expunge remarks and observations made by three serving judges of three High Courts, who at the relevant time comprised Special Court constituted under S. 4 of Criminal Law Amendment (Special Court) Act, 1976---No fundamental rights of petitioner were at peril in the matter---Constitutional petition was dismissed, in circumstances. Citation Name: 2025 PLD 168 ISLAMABADBookmark this Case ANWAR MANSOOR KHAN VS SPECIAL COURT, ISLAMABAD through Registrar, Islamabad Mala fide, plea of---Principle---Allegation of mala fide has to be specifically made and proved. Citation Name: 2025 PLD 168 ISLAMABADBookmark this Case ANWAR MANSOOR KHAN VS SPECIAL COURT, ISLAMABAD through Registrar, Islamabad Orderly conduct, maintaining of---Scope---As an essential part of administration of judicial proceedings, Courts are required to ensure orderly conduct of parties and counsel who appear before Court.

ANWAR MANSOOR KHAN vs SPECIAL COURT, ISLAMABAD through Registrar, Islamabad Ss — 2025 PLD 168 ISLAMABAD

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