1. BASHARAT AHMAD SHAIKH, J---This is a petition for leave to appeal from the judgment of the High Court by which certain provisions of the Azad Jammu and Kashmir Contempt of Court Act, 1993 were declared ultra vires.
2. While hearing a writ petition the High Court of Azad Jammu and Kashmir directed one Sarfraz Alam, Assistant Town Planner of the Mirpur Development Authority, to visit two disputed plots and to submit a report as to the respective measurements. This order was not implemented within the given time and contempt proceedings were initiated against him. He appeared and tendered unqualified apology for the default and also filed an affidavit that he could not implement the order of the Court due to the death of sister of his immediate boss. During the hearing of the contempt proceedings the high Court observed that certain provisions of the Azad Jammu and Kashmir Contempt of Court Act, 1993 were, prima facie, violative of section 45 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 which confers on the Supreme Court and the High Court the power to punish any person who commits, contempt of Court. Therefore apart from the learned counsel for the parties, a notice was issued to the learned Advocate-General and assistance of some senior Advocates was also sought. Ultimately a Full Bench announced its judgment on 9th May 1996. By that judgment some provisions of the Azad Jammu and Kashmir Contempt of Court Act, 1993 were found to he unconstitutional and were declared void. So far Sarfraz Alam is concerned he was let off after accepting unconditional apology.
3. Azad Government of the State of Jammu and Kashmir acting through the Chief Secretary filed a petition for leave to appeal from the part of the judgment of the High Court by which some provisions of the Contempt of Court Act had been declared unconstitutional. In the petition for leave to appeal two respondents were impleaded, namely:---
(i) Sarfraz Alain, Assistant Town Planner, Mirpur Development Authority; and
(ii) Robkar-e-Adalat through Honourable Judge of Full Bench of Azad Jammu and Kashmir High Court, Muzaffarbad.
4. After filing the petition firstly the name of Sarfraz Alam was struck' off and then, another application was moved wherein it was prayed that respondent No.2 may be allowed to be deleted. This application has been accepted earlier today by a separate order.
5. The name of Sarfraz Alam had already been struck off., Now with the deletion of respondent No.2 there remains no respondent in the petition for leave to appeal. In view of the vacuum thus created, the case cannot proceed further. When this was pointed out to the learned counsel for the Government, he could A not cite any provision of law or practice of the Court under which an appeal can be heard without there being a respondent. Therefore, the question of grant of leave in the case does not arise.
6. The petition for leave to appeal is, therefore, dismissed.