IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE MIAN SAQIB NISAR, HCJ 
MR. JUSTICE FAISAL ARAB 
MR. JUSTICE IJAZ UL AHSAN 
 
CRIMINAL ORIGINAL PETITION NO. 36 OF 2017 IN CRIMINAL 
ORIGINAL PETITION NO. 89 OF 2011, CRIMINAL ORIGINAL 
PETITION NO. 57 OF 2017 IN CRIMINAL REVIEW PETITION 
NO. 131 OF 2016 AND CRIMINAL ORIGINAL PETITION NO. 105 
OF 2017 IN CRIMINAL REVIEW PETITION NO. 131 OF 2016 
(Against the alleged contempt of this Court’s order dated 12.06.2013 passed in Criminal 
Original Petition No. 89/2011 etc and order dated 21.02.2017 passed in Criminal Review 
Petition Nos. 131 & 133 of 2016) 
 
Zulfiqar Ahmed Lilla and others 
 
(In Cr.O.P. 36/2017) 
Zulfiqar Ahmed Lilla 
 
 
 
(In Cr.O.P. 57/2017) 
Rizwan Ahmed Qazi and others 
 
(In Cr.O.P. 105/2017) 
… Petitioners 
VERSUS 
I.G. Police, NH & MP, Islamabad 
 
(In all cases) 
… Respondents 
 
For the Petitioners: 
Rai Muhammad Nawaz Khan Kharal, ASC 
a/w petitioners in person 
 
 
 
 
 
 
For the Respondent: 
Ch. Amir Rehman, Addl. Att. General 
 
 
 
 
Mr. M.S. Khattak, AOR  
 
Date of Hearing:  
05.10.2018 
 
JUDGMENT 
 
 
 
FAISAL ARAB, J.- Petitioners in all these petitions 
were civil servants working in different government departments. 
Upon creation of National Highway and Motorway Police (‘NH&MP’), 
their services were entrusted to it on deputation basis and were 
later permanently absorbed. Then came the judgment of this Court 
in the case of contempt proceedings against Chief Secretary, Sindh 
etc (2013 SCMR 1752) and in compliance thereof their absorption 
was 
nullified 
and 
they 
were 
repatriated 
to 
their 
parent 
departments. Being aggrieved by such decision, some of the 
petitioners filed Criminal Review Petition Nos. 131 & 133 of 2016, 
CRIMINAL ORIGINAL PETITION NO. 36 OF 2017 IN CRIMINAL ORIGINAL PETITION NO. 
89 OF 2011, CRIMINAL ORIGINAL PETITION NO. 57 OF 2017 IN CRIMINAL REVIEW 
PETITION NO. 131 OF 2016 AND CRIMINAL ORIGINAL PETITION NO. 105 OF 2017 IN 
CRIMINAL REVIEW PETITION NO. 131 OF 2016 
2
which were disposed of vide order dated 21.02.2017. It was held 
that “all those employees who are in BPS-1 to BPS-7 will not be 
repatriated to their parent departments, rest of the employees who 
are not in regular police and are not in uniform shall be repatriated 
to their parent departments, as if they were never absorbed in the 
Motorway Police.” These three criminal original petitions were filed 
taking the plea that the respondent is not implementing the 
judgments of this Court passed in Criminal Original Petition No. 
89/2011 and Criminal Review Petition Nos. 131 & 133 of 2016 in 
their true perspective so contempt proceedings may be initiated 
against him. The case of the repatriated employees is that the 
direction of this Court passed in Criminal Review Petition Nos. 131 
& 133 of 2016 has been wrongly interpreted as they are regular 
employees of the Police department; that the judgment passed in 
Criminal Original Petition No. 89/2011 was only meant for civil 
servants in Sindh and that the matter with regard to their 
permanent absorption had attained finality and thus could not 
have been reopened.  
 
2. 
 
This Court in Criminal Review Petition Nos. 131 & 133 
of 2016 has specifically held “all those employees who are in BPS-1 
to BPS-7 will not be repatriated to their parent departments….” 
Hence, only those employees who were originally inducted in 
NH&MP from BPS-1 to BPS-7 are not be repatriated, the rest have 
to be. The respondent Department is directed to strictly follow this 
principle. So far as the issue that judgment of this Court passed in 
Criminal Original Petition No. 89/2011 was only meant for civil 
servants in Sindh is concerned, suffice it is to state that in the said 
CRIMINAL ORIGINAL PETITION NO. 36 OF 2017 IN CRIMINAL ORIGINAL PETITION NO. 
89 OF 2011, CRIMINAL ORIGINAL PETITION NO. 57 OF 2017 IN CRIMINAL REVIEW 
PETITION NO. 131 OF 2016 AND CRIMINAL ORIGINAL PETITION NO. 105 OF 2017 IN 
CRIMINAL REVIEW PETITION NO. 131 OF 2016 
3
judgment, this Court has settled the fate of all employees who were 
sent on deputation, therefore, it is to be uniformly applied to the 
rest of the provinces as well.  
 
3. 
 
For what has been discussed above, these contempt 
petitions are disposed of.    
 
 
 
CHIEF JUSTICE 
JUDGE 
JUDGE 
Islamabad, the 
5th of October, 2018 
Not Approved For Reporting 
Khurram 
 
