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  
Islamabad, 
1st July, 2015 
M. Azhar Malik/* 
APPROVED FOR REPORTING. 
