IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
MR. JUSTICE UMAR ATA BANDIAL, HCJ 
MR. JUSTICE IJAZ UL AHSAN  
MR. JUSTICE MUNIB AKHTAR  
MR. JUSTICE YAHYA AFRIDI  
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
Criminal Original Petition No.148/2022 IN Const.P.19/2022 
 
 
Federation of Pakistan through Secretary Ministry 
of Interior  
Petitioner(s)  
 
Versus 
 
Imran Ahmed Khan Niazi 
Respondent(s) 
 
 
For the Petitioner(s)  
: 
Ch. 
Aamer 
Rehman, 
Addl.AG 
for 
Pakistan  
 
For the Respondent(s)  
: 
N.R. 
 
Date of Hearing  
: 
26.10.2022 
 
ORDER 
 
 
 
The learned Additional Attorney General for 
Pakistan has referred to the contents of our order dated 
25.05.2022 (afternoon) and our judgment dated 26.05.2022 
passed in Constitution Petition No.19 of 2022. From the 
contents of the said order, he has pointed out that the 
following undertakings were given by Dr. Babar Awan, 
learned Sr.ASC and Mr. Faisal Fareed, learned ASC on behalf 
of the Respondent, Mr. Imran Khan, Chairman, Pakistan 
Tehreek-e-Insaf (“PTI”) for holding PTI’s rally in the ground 
situated between Sectors H-9 and G-9, Islamabad: 
i. 
The rally will not cause any inconvenience at or 
blockage of Srinagar Highway; 
ii. 
No inconvenience will be caused to the public and 
citizenry at large; and  
Crl.O.P.148/22 IN Const.P.19/22 
 
2
iii. 
The rally will be conducted in a peaceful and lawful 
manner without damaging any public or private 
property.  
He has then read to us material from the reports filed by the 
Islamabad Capital Territory (“ICT”), Intelligence Bureau 
(“IB”) and Inter-Services Intelligence (“ISI”) in answer to the 
questions posed in paragraph-7 of our judgment dated 
26.05.2022. After reading extracts from the said reports, the 
learned Additional Attorney General has submitted that the 
persons who gave the undertakings as well as the person on 
whose behalf the said undertakings were given breached the 
same attracting the offence specified in Section 3 read with 
Section 2(a) of the Contempt of Court Ordinance, 2003 
(“Ordinance”). He has accordingly urged that contempt 
proceedings be initiated against the Respondent and his two 
learned counsel named above for their role and liability as 
accessories.  
2. 
 
We have read the material and examined the 
provisions of the Ordinance and Order XXVII of the Supreme 
Court Rules, 1980. At the present stage, it is necessary that 
the factual aspects of the alleged breach of the undertakings 
be ascertained at a prima facie level. This is because although 
the events that followed the order dated 25.05.2022 
(afternoon) 
and 
the 
evidentiary 
material 
collected 
subsequently by the Agencies are damaging, the role and 
liability of the Respondent as an absent party before the 
Court is still not clear. Accordingly, we direct that the office 
shall serve the reports submitted by the three Agencies 
Crl.O.P.148/22 IN Const.P.19/22 
 
3
together with Criminal M.A.No.1825 of 2022 filed in Criminal 
Original Petition No.148/2022, upon Mr. Imran Khan, 
Chairman PTI, Dr. Babar Awan, learned Sr.ASC and Mr. 
Faisal Fareed, learned ASC to enable them to file their replies 
to the same. The said persons shall also answer the 
allegations leveled by the learned Additional Attorney General 
for Pakistan in light of the material referred through written 
replies filed on or before 31.10.2022. Thereafter, re-list in the 
same week. 
3. 
 
When confronted with our query as to the 
maintainability of Crl.M.A.No.1738 of 2022, filed under 
Article 187 of the Constitution, seeking interim relief, the 
learned Additional Attorney General for Pakistan has sought 
time to obtain instructions and assist us in the matter. This 
order shall also be implemented by the office mutatis 
mutandis in respect of the petitioner in Constitution Petition 
No.19 of 2022.  
   Chief Justice  
 
 
 
Judge  
 
Judge  
With profound respect, I maintain my opinion expressed in para-4 of my note added 
to the order dated 26.05.2022, passed in Constitution Petition No.19 of 2022 and 
Civil Miscellaneous Application No. 3447/2022. 
 
Judge  
 
Judge  
Islamabad, the 
26th October, 2022 
Sarfraz /* 
Not approved for reporting   
