IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
 
PRESENT: 
 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE MIAN SHAKIRULLAH JAN  
MR. JUSTICE JAWWAD S. KHAWAJA 
MR. JUSTICE ANWAR ZAHEER JAMALI  
MR. JUSTICE KHILJI ARIF HUSSAIN  
MR. JUSTICE TARIQ PARVEZ  
MR. JUSTICE MIAN SAQIB NISAR 
MR. JUSTICE AMIR HANI MUSLIM   
 
INTRA COURT APPEAL NO. 1 OF 2012  
 
[Against the order dated 02.02.2012 passed by 
this Court in Criminal Original No. 06/2012] 
 
Syed Yousaf Raza Gillani 
Prime Minister of Pakistan 
 
 
 
… 
APPELLANT 
 
VERSUS 
 
Assistant Registrar  
Supreme Court of Pakistan & another 
 
... 
RESPONDENTS 
 
For the appellant: 
 
Mr. Aitzaz Ahsan, Sr. ASC   
 
 
 
 
 
Mr. M.S. Khattak, AOR  
 
Respondents:  
 
 
Not represented.  
 
Date of hearing:  
 
09.02.2012  
-.-.- 
 
ORDER 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. – Attention 
of Barrister Aitzaz Ahsan, who is instructed by Mr. M.S. Khattak, AOR 
was drawn towards the following questions of law, which according to 
them arise for consideration in the instant appeal:-  
Questions 45, 51 & 52  
45. 
Could a Prime Minister who undid the draconian action of a 
military dictator (of arresting judges of the superior courts, 
including the Hon’ble Chief Justice and his children) even 
ICA No. 1/2012 
2 
before he had taken oath as Prime Minister, be presumed to 
have contemplated committing contempt?  
51. 
Whether it is not ironic that a Prime Minister who released 
the detained judges should be sent to prison, or sentenced 
otherwise, by the judiciary?  
52. 
Can the duly elected Prime Minister of Pakistan not even 
expect to be dealt with in a manner similar to real, actual 
and blatant contemners of the variety that:  
 Sacked the superior courts and their judges in November 
2007;  
 Expressly and brazenly flouted the historic order dated 
November 3, 2007;  
 Arrested the judges of the superior courts along with 
their children members of their families, detained and 
continued to hold them captive for prolonged periods;  
 Promulgated and/or applied and administered anti-
judiciary laws such as the PCO and the Judges, Oath of 
Office Order;  
 Unleashed brutal state violence on Members of the Bar 
(as officers of the Court) and other citizens of Pakistan 
seeking the reinstatement of the sacked judges;  
But have yet to be formally charged and indicted for their 
patently criminal actions?  
They were further apprised that the questions reproduced hereinabove 
were phrased in such a manner, which should not have been recorded 
by the appellant who is the incumbent Prime Minister of Pakistan and is 
supposed to possess highest moral values being the constitutional head 
and the impression is being created as if the judiciary as a whole is 
being influenced on account of alleged favourable actions done by him 
for its members by performing the acts noted therein. Therefore it is 
tantamount not to embarrass the Court, but the appellant himself as he 
ought not to have claimed relief or presumed that some relief should be 
given to him for such action. The learned counsel appearing on his 
ICA No. 1/2012 
3 
behalf, however, stated that these questions were framed with a view 
to show respect and deference to the judiciary and in no manner it 
should be considered that perhaps the judiciary is being influenced for 
any purpose. However, under instructions received from the learned 
AOR of the appellant, he stated at the bar that the above questions be 
deleted from the pleadings.  
2.  
 
On having considered the request of the learned counsel 
and also considering that the above questions are being required to be 
deleted under instructions from the appellant through his AOR, we 
accede to the request so made. Consequently, questions No. 45, 51 
and 52 are deleted from the pleadings.  
3.  
 
Similarly, in the CMAs wherever these questions have been 
repeated shall be deemed to have been deleted under instructions 
received by the learned counsel for the appellant through his AOR.  
4.  
 
Mr. Aitzaz Ahsan, Sr. ASC is continuing with his 
arguments, which are not likely to be concluded in the course of the 
day. It is already 4.00 p.m., as such the case is adjourned for 
10.02.2012.   
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.   
 
 
 
MIAN SHAKIRULLAH JAN, J.   
 
JAWWAD S. KHAWAJA, J. 
 
 
 
 
ANWAR ZAHEER JAMALI, J. 
 
 
KHILJI ARIF HUSSAIN, J.  
 
 
 
 
TARIQ PARVEZ, J.  
MIAN SAQIB NISAR, J.   
AMIR HANI MUSLIM, J.  
 
 
Islamabad, the 
9 February, 2012  
