The Supreme Court dismissed Civil Petition No. 740 of 2013, established respondent's title, initiated action against petitioners for possible obstruction, referred matter for trial, emphasized seriousness of perjury, and dismissed review petition CRP No. 295 of 2014.

Here's a brief summary of the legal proceedings described:

The Supreme Court of Pakistan dealt with Civil Petition No. 740 of 2013, where it dismissed the petition on May 21, 2014, while establishing the title of the respondents, Ameer Mumtaz, etc. Despite dismissing the petition, the court considered taking action against the petitioners under relevant legal provisions due to possible obstruction and abuse of the court process.

After issuing a show cause notice to the petitioners, their counsel argued their lack of criminal intent due to their limited education. The court, however, decided not to make a final determination on this issue and referred the matter to the Sessions Judge in Swat for further legal proceedings. The court emphasized the seriousness of perjury and fabrication of evidence, ensuring justice and deterring baseless litigation.

Additionally, a review petition (CRP No. 295 of 2014) seeking to overturn the court's decision was dismissed as it did not present valid grounds.

IN THE SUPREME COURT OF PAKISTAN

 (Appellate Jurisdiction)

Present:

Mr. Justice Jawwad S. Khawaja

Mr. Justice Sh. Azmat Saeed

Mr. Justice Maqbool Baqar

CMA No.3305 of 2014 in Civil Petition No.740 of 2013

(Show cause notice to the petitioner in CP-740/13 issued in compliance of the 

order of this Court dt. 21.5.2014)

 

 AND

CRP No.295 of 2014 in Civil Petition No.740 of 2013

(Review against this Court’s order dated 21.5.2014 passed in CP-740 of 2013)

Ameer Rehman, etc.

…

Applicant(s)

 Versus

Ameer Mumtaz, etc.

…

Respondent(s)

For the petitioner(s):

Syed Rafaqat Hussain Shah, AOR (in CRP-295/14)

On Court’s notice:

Dr. Babar Awan, Sr. ASC (CMA-3305/14)

For Ameer Mumtaz, etc.:

Mr. Sher Muhammad, ASC

Mr. M. S. Khattak, AOR

Date of hearing:

01.07.2015

ORDER

Jawwad S. Khawaja, J.- CMA-3305/14:- On 21.5.2014 while deciding CP No.740 

of 2013 we had passed an order dismissing the said petition with costs. However, while 

dismissing the petition, we had also observed as under:-

“8.

In the foregoing circumstances, we hold that the title of the private 

respondents stood established and there is no necessity for reopening the issue 

of title considering the circumstances which have been narrated above. We 

have, however, considered the possibility of taking action against the 

petitioners under para 12 of President’s Order No.12 of 1980, which provides 

as under:-

“Punishment,---Whoever obstructs any person in enforcing 

or giving effect to any decision or order made under this 

Order shall be punishable with rigorous imprisonment for a 

term which may extend to three years, or with fine, or with 

both.”

9.

In the alternate, we may also consider initiating proceedings inter 

alia, under Section 476 of the Code of Criminal Procedure, 1898. We cannot 

allow abuse of process of the Court as it undermines the credibility of the 

Court. 

10.

Let notice issue to the petitioners to show cause as to why such action 

should not be initiated. Notice shall also issue to the respondents. Mr. Sher 

Muhammad Khan, learned ASC accepts notice on behalf of the private 

respondents. The office shall create a separate file and list this matter for 

hearing after thirty days. The petition stands dismissed with costs.”

CMA-3305/14 in CP-740/13 &

CRP-295/14 in CP-740/13

2

Pursuant to the notice which was issued to Ameer Rehman, Rehm Dad, Muhammad 

Nawab and Pir Jamal petitioners in CP-740/2013, a separate file was created which is 

before us. We have heard learned counsel for the aforesaid Ameer Rehman, etc. He has 

taken us through the order passed by us on 21.5.2014. His main plea is that the aforesaid 

persons namely Ameer Rehman, etc. are not highly educated, and therefore, there was 

absence of mens rea and as a consequence the notice issued to them should be 

discharged. In the present proceedings, it is not for us to make a factual determination of 

the existence or otherwise of mens rea, this being an issue of fact. Learned counsel for 

respondents Ameer Mumtaz, etc. has, however, drawn our attention to an application 

filed on 3.11.2012 by Ameer Rehman, etc. This application is written in Urdu and is 

signed by Ameer Rehman, etc. and makes mention of the order dated 18.02.1976. We, 

however, would not like to make any further comment as it may cause prejudice to the 

trial which we now propose to order. 

2.

In the foregoing circumstances, we send the matter to the learned Sessions Judge, 

Swat who shall entrust it to a competent Court for proceedings in accordance with law 

against Ameer Rehman, etc. For the reasons which we have given for taking notice of 

this matter, it is expected that the trial shall be concluded expeditiously. A report shall 

be submitted in Court within six months from today for our perusal in Chambers. 

3.

We would like to add that perjury and fabrication of documentary evidence are 

to be taken very seriously by Courts. This is necessary for ensuring that the 

administration of justice is not undermined and that baseless and false litigation is also 

deterred. The listed matters stand disposed of. 

CRP-295/2014:- No valid ground for review is made out. The review petition is, 

therefore, dismissed.

Judge 

Judge 

Judge 

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