Case Details

Citation(s)
2002 SLG 2455 2002 SLD 2455 = 2002 PLD 131
Sindh High Court
Constitutional Petition No. D-1611 of 2000, heard on 6thJuly, 2001.
S. AHMED SARWANA AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ

M. ADIL HAYAT KHANvsGOVERNMENT OF Sindh court and others

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX, R.2(3)

(a) Constitution of Pakistan (1973)--------Art. 199---Civil Procedure Code (V of 1908), O.XXXIX, R.2(3)--­Constitutional petition---Interim injunction---Disobedience of injunction granted by High Court---Contempt of Court---Respondent University denied admission to the candidate for not producing Permanent Residence Certificate----High Court in exercise of Constitutional jurisdiction passed interim order whereby the respondent University was directed to grant admission without the certificate if the candidate had otherwise come on merit---Respondent University instead of granting the admission to the candidate tiled application seeking clarification of the injunction order and did not pursue the application---Effect---Order passed by the High Court should have been complied with by the respondent University without any hesitation or delay and no such application ought to have been filed--­Fact of not pursuing the application indicated that it was not bona fide and was filed with ulterior motive to display the absolute authority of the University in granting of admission, delay the proceedings and thereby deprive the candidate of his legitimate right to get admission in the University on merit---By not complying with the order of High Court and tiling application seeking clarification which was patently mala fide, the respondent University disobeyed and showed disrespect to the order issued by the Court and thereby interfered with and prejudiced the administration of law and justice---Official of the respondent University admitted his responsibility for the disobedience of Court's orders and requested for leniency---Such apology tendered by the official respondent was defiant, not bona fide and High Court declined to accept the same---Official respondent being officer of educational institution, High Court took a lenient view and convicted him to detention until rising of the Court---Order passed by the respondent University was set aside and the petition was allowed accordingly.(b) Contempt of Court------- Submission of apology---Procedure---If a person wants to purge himself, he must submit his apology immediately, unconditionally, without any explanation and…
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