| Citation(s) |
|---|
| 2002 SLG 2374 2002 SLD 2374 2002 PLD 247 |
Lahore High Court
Suo Motu Criminal Original No. 4 of 2002, decided on 11th February, 2002
KHAWAJA MUHAMMAD SHARIF, J
Respondents in person. Maqbool Elahi Malik, Advocate-General, Punjab
Suo Motu Criminal Original No. 4 of 2002, decided on 11th February, 2002
KHAWAJA MUHAMMAD SHARIF, J
Respondents in person. Maqbool Elahi Malik, Advocate-General, Punjab
THE STATE
VS
SECRETARY, HEALTH PUNJAB, Lahore and another
Law:
Section:
(a) Contempt of Court Act (LXIV of 1976)------Ss. 3/4---Constitution of Pakistan (1973), Art.204---Contempt of Court--Object of proceedings---Object to proceed for contempt is to maintain the confidence of the people in general and the litigant public in particular in Court. State v. Sami Ullah PLD 1999 Lah. 131 ref. (b) Contempt of Court Act (LXIV of 1976) --------- ----Ss. 3 & 4---Constitution of Pakistan (1973), Art.204---Penal Code (XLV of 1860), S.197---Contempt of Court---Two doctors, one of them being the brother of the Secretary Health Punjab after having been convicted and sentenced under S.197, P.P.C. by the High Court and the Supreme Court, had not been arrested and the orders passed by "the said Courts were not implemented---Verdict of conviction having been upheld by the Supreme Court, the matter could not be left to the discretion of the Secretary for holding any inquiry later on, rather he was under a legal obligation to terminate the services of the convicts because the conviction by all means was a blot on their service career and no notice was required to be issued in the peculiar facts and circumstances of the case---Such exercise was done to find inroads in the s of the superior Courts which smacked of cunningness and mala fides just to help out a convict who happened to be the real, brother of the Secretary Health Department of the Province who wanted to have done which could not otherwise have been done in accordance with law---Respondent-Secretary was fully aware of the fact that both the convicts, in spite of their conviction having been maintained by the Supreme Court, had not surrendered themselves---Had the Secretary believed in rule of law, he should have asked his convict brother and his co-accused to surrender but he had not done so---Efforts had been made through hidden hands to absolve the convicted persons while acting in a male fide marine: and also by committing illegal omissions---Apart from the said illegalities and mala tides committed by the Secretary Health he had also caused a great loss to the State exchequer by paying the convict Doctors the salaries regularly---Senior Superintendent of Police had also become a…
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