IN THE SUPREME COURT OF PAKISTAN  
(Original Jurisdiction) 
 
 
 
 
 
 
PRESENT: 
MR. JUSTICE JAWWAD S. KHAWAJA 
MR. JUSTICE DOST MUHAMMAD KHAN  
 
 
HRC NO.4729-P/2011 in SMC.No.03/2009 
(Application by Muhammad Shafi) 
 
 
Applicant: 
 
 
 
Malik Muhammad Shafi in person 
 
On Court Notice: 
 
 
Mr. Razzaq A. Mirza, Addl. A.G. Pb. 
 
 
 
 
 
Mr. Ejaz Ahmed, DFO, Rawapindi 
 
 
 
 
 
Mr. Tasleen Ali, AC Saddar, Rawalpindi 
 
 
 
 
 
Mr. Iftikhar Ahmed Qureshi, CF, Rwp 
For Bahrai Town: 
 
 
Mr. Aitazaz Ahsan, Sr. ASC 
 
 
 
 
 
Raja Abdul Ghafoor, AOR 
 
On Courts Call: 
 
 
Mr. Israr Abbasi, CPO, Rawalpindi 
 
Date of hearing: 
 
 
14.7.2015 
 
 
 
 
  
ORDER  
 
  
  
 
Jawwad S. Khawaja, J. This case was taken up when the applicant Malik 
Muhammad Shafi brought to our notice the fact that on 28.10.2005 Raja Khalid Hussain, 
Chief Conservator of Forests had written a letter to the Deputy Inspector General of Police, 
Rawalpindi seeking registration of criminal case for beating up and unlawfully detaining 
govt. employees and in respect of encroachment on forest land, etc. Since the contents of 
the letter are important for the present purposes, the same is reproduced below in extenso:- 
“PHONE NO.9271931 
OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, NORTHERN ZONE, 
RAWALPINDI 
To 
The Deputy Inspector General, 
Police, Rawalpindi 
 
No.     /RK   dated    2005 
 
Subject:  
ENCROACHMENT ON FOREST LAND BY DESTROYING 
TREES 
AND 
DETAINING 
FOREST 
OFFICERS—
REGISTRATION OF CRIMINAL CASE. 
 
 
It is stated that on 11.10.2005 the functionaries of Bahria Town started up-
rooting of forest crop and encroaching forest land of a part of Rakh Lohi Bher Forest 
situated in Rawalpindi District by employing excavators and dumpers. The forest 
staff reached the site and stopped its work. The functionaries of Bahria Town 
HRC 4229-P/11 
2 
resumed its work in forest land on 24.10.2005. The forest party again stopped them 
and fenced the affected area with wooden poles. On 25.10.2005, Captain Shahid, Site 
Incharge, Bahria Town accompanying a number of persons of Bahria Town forcibly 
up-rooted the fence and re-encroached forest land besides beating M/S Jamshaid 
Khan, Block Officer, Muhammad Razwan and Ghazanffar Ali Forest Guards. 
Afterwards on 26.10.2005 at about 10 pm having come to know that Bahria Town 
Functionaries have again started destroying forest crop and encroaching forest land 
of Lohi Bher Forest situated in Rawalpindi District by employing heavy machinery, 
the Divisional Forest Officer Rawalpindi South reached the affected site in the 
accompany of Conservator of Forests, Coordination Circle, Rawalpindi, Divisional 
Forest Officer, Timber Extraction Division Rawalpindi, Divisional Forest Officer, 
Rawalpindi North Forest Division, Deputy Director, Wildlife Rawalpindi, Sub 
Divisional Forest Officer, Rawalpindi and other forest and Wildlife field staff. On 
reaching the site work of Bahria Town Functionaries being under-taken with the 
help of Habib Rafique & Company Limited was stopped at about 11:30 pm. The 
offenders however, succeeded in taking away 4 excavators along with dumpers 
whereas the 5th excavator was apprehended. The functionaries of Bahria Town and 
Habib Rafique & Company Limited made repeated attempts to make a quarrel with 
the forest staff and take away excavator but they could not succeed for about 2 hours. 
The offenders then arranged about 100 person equipped with arms and sticks and 
attacked the forest party. The offenders thus succeeded in kidnapping M/S Bashir 
Ahmad, Conservator of Forest, Coordination Circle Rawalpindi and Sardar Fida 
Hussain, Divisional Forest Officer, Timber Extraction Division Rawalpindi whereas 
the other forest officers and Wildlife staff escaped. The forest officers so kidnapped 
were seriously beaten and beaten to shot to death. After about 2 hours the officers 
detained illegally6 were released at far flung place.  
 
Under the circumstances explained above it is requested that SHO Civil 
Lines Police Station may please be directed to register FIR against the offenders 
(functionaries of Bahria Town and Habib Rafique & Company Limited for 
destroying forest crop and encroaching forest land  measuring 3 Kanals, kidnapping, 
beating and threatening of forest officers and interfering of forest officers and staff in 
discharging their Government duties. An immediate action is requested in the 
regard. 
Enclosed:- 
Written request for  
 
 
Registration of FIR 
 
(RAJA KHALID HUSSAIN) 
CHIEF CONSERVATOR OF FORESTS  
NORTHERN ZONE RAWALPINDI 
394-99/RK 28.10.2005”  
 
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3 
2. 
We are therefore, concerned to learn as to whether a case has been registered on the 
basis of the said letter and if so, whether the same has been discharged or challaned after 
investigation. We asked the learned Additional Advocate General to ascertain this fact. He 
has confirmed that no FIR had been registered even to date. This has also been confirmed 
by Mr. Iftikhar Ahmed Qureshi, Conservator of Forests, who is present in Court.  
3. 
Mr. Aitazaz Ahsan, learned Sr. ASC has stated that there is a whole history behind 
this case. We, however, asked him to show us if in the above circumstances there is any 
law, which says that police may refuse to register a case in such eventuality even where a 
cognizable offence has been committed as per contents of the complaint. He did not give an 
answer but stated that there is no encroachment on forest land. In response, Mr. Razzaq A. 
Mirza, learned Additional A.G states that there is definite encroachment of 684 acres 
according to official inquiries and record. This, however, is wholly irrelevant in the light of 
the above reproduced letter. In any event, it is for the police to investigate and if indeed the 
client of Mr. Aitazaz Ahsan has any facts available with him, he may bring those to the 
notice of the police. Likewise if the Conservator of the Forests has any information, he may 
also bring it to the notice of the police. We are not to embark on any investigation of these 
factual matters.  
4. 
Learned Sr. ASC then stated that an application had been moved by Syed Ali Zafar, 
ASC and by Malik Riaz Hussain through a private letter, addressed to the Hon’ble Chief 
Justice, stating that one of us (Jawwad S. Khawaj, J.) should recuse from hearing this case. 
Mr. Aitzaz also acknowledged that the application and private letter referred to above were 
being dealt with in CMA 3854/14 and CMA-4341 of 2014. That is a matter which has been 
delinked from this case. However, for ease of reference we may mention that vide orders 
dated 2.4.2015 and 31.3.2015, we had asked Syed Ali Zafar ASC to give his explanation in 
respect of the matters mentioned in our said orders. His reply being found unsatisfactory, 
an order was passed on 9.4.2015 that “since there is no valid explanation forthcoming from Mr. 
Ali Zafar, ASC in respect of the issues which have been highlighted above and in our order of 
31.3.2015, we are inclined to the view that Mr. Ali Zafar has been guilty of misconduct and conduct 
unbecoming of an Advocate. The dignity and high standing of the legal profession and of Judges and 
Courts has to be defended for the sake of the independence of the Judiciary and Bar and for the 
effective administration of justice. This has to be done, if necessary, especially in the face of 
HRC 4229-P/11 
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misconduct or conduct which is unbecoming of an Advocate. Such conduct must be curbed if the 
honour and dignity of the Bar and Bench are to be preserved. We, therefore, issue notice to Mr. Ali 
Zafar to show cause why action envisaged under Order IV Rule 30 of the Supreme Court Rules 
(including suspension/removal from practice) be not taken against him”.       
5. 
That matter, however, is not listed before us today and we, therefore, donot intend 
to decide the same particularly when Syed Ali Zafar who is respondent in the show case 
notice, is not present.  
6. 
 Mr. Israr Abbasi, CPO, Rawalpindi appeared on Court call. He shall submit a 
report, as to whether any FIR was registered, pursuant to the above reproduced letter of the 
Conservator of the Forests and if so, what is the outcome of such FIR. Secondly, he shall 
also state that if no FIR was registered, the reasons for not registering the same. Let this be 
done within this week.  
7. 
Re-list on 23.07.2015.   
 
Judge  
 
 
 
 
Judge  
Islamabad, the   
14th July, 2015 
Nisar /-‘ 
APPROVED FOR REPORTING.