IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.445-L of 2020 
(Against the order dated 17.3.2020 passed by the 
Lahore High Court Lahore in T.A. No.161169 of 
2020) 
 
Akhtar Ali 
 
 
 
 
 
 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
The State  
 
 
 
 
 
…Respondent(s) 
For the Petitioner(s): 
In person. 
 
For the State: 
Mr. Khurram Khan, 
 
Additional Prosecutor General Punjab 
For Respondent No.3: 
In person. 
 
Date of hearing: 
15.07.2020. 
 
 
 
 
 
ORDER 
 
 
      Qazi Muhammad Amin Ahmed, J.- Akhtar Ali, petitioner, is 
engaged in litigation with his estranged wife Tania Kousar; he is also 
accused in a criminal case registered at the instance of one Mst. 
Ghazala Bibi; he has arrayed both of them in his quest for transfer of 
cases pending adjudication before a learned Judicial Magistrate at 
Sheikhupura to a Court at Gojra District Nankana Sahib. After his 
failure before the learned District & Sessions Judge Sheikhupura, his 
request before a learned Judge-in-Chamber of the Lahore High Court 
Lahore met with no better fate and the learned Judge having found the 
motion scandalous and frivolous, burdened him with a cost of 
Rs.50,000/-. It is in this backdrop that he has resigned before us as a 
last resort.  
2. 
 
In his move before the Courts below, we have found his 
accusations directed against the learned Judges as outrageous as well 
as scandalous; he has also targeted the members and office bearers of 
the local Bar, apparently having no axe to grind in his trivial contests 
wherein we have found the respondents equally reckless and abrasive. 
We view the repugnant course adopted by the parties before the learned 
Courts with disdain. It is fundamentally important for the peaceful 
preservation of any society that its Judges attend call of their office 
fearlessly with dignity, respect and independence so as to sit on the 
judgment between the contestants, regardless of their status or station, 
without let or hindrance. A society cannot countenance obstruction or 
Criminal Petition No.445-L of 2020 
 
  
 
2
interference with the administration of justice without incurring 
disastrous consequences, therefore, to ensure freedom to a Judge within 
the remits of law is a duty cast upon all and sundry without exception 
and immunity,  
3. 
 
The petitioner while hurling accusations threw both caution 
as well as courtesy to the wind and the learned Judge-in-Chamber was 
well within the bounds of law to saddle him with a substantial cost. The 
petitioner, however, before us has expressed remorse and regret, 
throwing himself at the mercy of the Court; he pledged profound respect 
and courtesy that appertains to a tribunal with an undertaking to be 
extremely careful in the future.  
4. 
 
Restraint is a better part of judicial calling; we would never 
exercise coercive authority of the State vesting in us since time 
immemorial in order to wreak vengeance or as a means to uphold our 
dignity or respect that we solemnly believe ‘must rest on surer 
foundations’, nonetheless, given the gravity of petitioner’s reckless 
behavior we would not let him off without a tag.  With a stern warning 
and while exercising restraint, we reduce the cost imposed by the High 
Court to a sum of Rs.2000/- as a symbolic reminder to the petitioner for 
his mischief. 
5. 
 
We entertain no manner of doubt that the learned 
Magistrate, conscious of his calling as a tryst with divinity, uninfluenced 
by the scandalous conduct of the parties, would dispose of the pending 
matters in accordance with law, in the fullness of time with all 
convenient dispatch. The petitioner shall deposit Rs.2000/- as cost with 
the District Nazir Sheikhupura within a fortnight. Petition fails. Leave 
declined.   
   
 
 
    
 
 
 
 
 
 
 
      Judge 
 
 
Judge 
 
 
 
Judge 
Lahore, the 
15th July, 2020 
Not approved for reporting 
Azmat/- 
 
