 
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
 
 
 
PRESENT: 
 
 
 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ. 
 
 
 
MR. JUSTICE JAVED IQBAL 
 
 
 
MR. JUSTICE MIAN SHAKIRULLAH JAN 
 
 
 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
 
 
MR. JUSTICE MIAN SAQIB NISAR  
  
 
MR. JUSTICE SARMAD JALAL OSMANY  
MR. JUSTICE AMIR HANI MUSLIM 
 
 
 
 
INTRA COURT APPEAL NO. 3 OF 2011 
 
Mr. Justice Hasnat Ahmed Khan  
 
… 
 
APPELLANT  
 
INTRA COURT APPEAL NO. 4 OF 2011 
 
Mr. Justice Syed Shabbar Raza Rizvi 
… 
 
APPELLANT  
 
 
 
 
 
 
VERSUS 
Federation of Pakistan/State   
 
…  
 
RESPONDENT 
 
For the appellants: 
 
Dr. A. Basit, Sr. ASC. 
 
 
 
 
 
Mr. Arshad Ali Chaudhry, AOR 
 
Respondent:  
 
 
Not represented.  
 
Date of hearing:  
 
18.02.2011 
…  
ORDER 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. - Listed appeals 
filed on behalf of Justice Hasnat Ahmed Khan and Justice Syed 
Shabbar Raza Rizvi have been fixed before this Special Bench in 
pursuance of request made on their behalf by their learned counsel. 
He has concluded his arguments.  
ICA 3 & 4-2011 
2 
2.  
 
Immediately thereafter, Mr. S.M. Zafar, learned Sr. ASC 
and other learned counsel present in Court have informed that against 
the same judgment few other appeals have been filed, therefore, it will 
be appropriate that all the cases are clubbed and disposed of together, 
after hearing them. It is to be noted that on the request for hearing of 
the case made by the learned counsel appearing for the appellants, 
instant Bench was constituted. No other request for fixation of the 
other cases was received by the office within time; therefore, the 
same were not fixed along with these appeals. Be that as it may, in 
the interest of justice, we consider it appropriate to allow the learned 
counsel appearing in other appeals to make application for hearing of 
their cases before this Bench today till 2:30 p.m. and on receipt of 
such application for urgent hearing, the cases shall be fixed on 
21.02.2011 before this Bench.  
3.  
 
The Registrar has put up following note: -  
“The Worthy Registrar, Peshawar High Court informed me 
that Mr. Justice Jehanzeb Rahim passed an order on 
17.02.2011 in his Chambers to issue contempt notices to 
some Hon. Judges of the Supreme Court, even though no 
such contempt proceedings were pending in the Peshawar 
High Court. However, the Hon. Chief Justice, Peshawar 
High 
Court 
initially 
took 
up 
the 
matter 
on 
the 
administrative side and passed an order on the same day 
saying that the order is passed in vacuum, hence need not 
be acted upon by the office. That today this matter was 
examined on the judicial side by a 3-member bench, which 
set aside the said order.” 
 
It seems that the persons whose cases are pending before the          
4-Member Bench of this Court, instead of obeying the orders of the 
Court have started making attempts to undermine the authority of the 
Hon’ble Judges of this Court, particularly the Hon’ble Members of the 
Bench and have issued notices to all of them to appear, as has been 
done by Justice Jehanzeb Rahim of the Peshawar High Court, 
according to the note reproduced hereinabove. Although the order 
ICA 3 & 4-2011 
3 
passed by him has been set aside by the Peshawar High Court on the 
judicial side, but in order to preserve and protect the dignity and 
respect of the Hon’ble Judges of the Bench seized with the matter as 
well as other Judges of this Court, and in order to ensure that system 
of administration of justice and honour of this institution including High 
Courts and District Courts is preserved, we are constrained to pass 
order that all the six Judges, namely, Syed Shabbar Raza Rizvi, Hasnat 
Ahmed Khan, Syed Hamid Ali Shah and Syed Sajjad Hussain Shah 
(Lahore High Court), Justice Ms Yasmeen Abbasey (High Court of 
Sindh), Justice Jehanzeb Rahim (Peshawar High Court) and Justice 
Sayed Zahid Hussain (Supreme Court) shall not pass any such order 
against the Members of the Bench or the Judges of the Supreme 
Court, and if any such order is passed by them, the same shall have 
no legal or binding effect upon this Court as well as any other 
functionaries in the country and shall be deemed to be an order, which 
is not in existence at all.  
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.  
 
 
 
JAVED IQBAL, J.   
 
 
 
MIAN SHAKIRULLAH JAN, J.  
 
 
 
TASSADUQ HUSSAIN JILLANI, J.  
 
MIAN SAQIB NISAR, J.   
 
 
 
 
 
SARMAD JALAL OSMANY, J.   
 
AMIR HANI MUSLIM, J.  
 
 
 
Islamabad,  
February 18, 2011  
 
APPROVED FOR REPORTING  
