Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 45

Law: Azad Jammu and Kashmir Contempt of Court Act, 1993

Section: 3,4

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------- ----S.45---Azad Jammu and Kashmir Contempt of Court Act, 1993, Ss.3 & 4---Contempt of Court---Contemners had practically played the actual part in publishing and getting published the contemptuous material, thereby lowering down the prestige of judiciary, scandalizing the Judges, undermining the authority of the Courts and making the selection process of judiciary muddy---Publication by the contemners and their some invisible and absconding partner was based on a deep-rooted mischief trying to create an atmosphere of infighting, mistrust and crises amongst the Members of the Superior Judiciary and in the State apparatus by publishing false, frivolous, baseless and distorted facts so as to pave the way for appointment of someone behind the scene, by lowering down the prestige of the existing Members of the Superior Judiciary, authority of law and scandalizing the persons of Judges against whom the contemptuous matter was published---Contemners had committed a heinous contempt not warranting any leniency in their favour, considering the conduct, nature and manner of the accusations--Contemners, however, had admitted their guilt, expressed their repentance and disclosed the names of the persons who had supplied the material to them in the very beginning of the. proceedings and then placed themselves at the mercy of the Court having given an unconditional apology---Supreme Court, in circumstances, by striking a balance between maintaining the dignity of the Court, harm caused to it by the contemners and their repentance and apology, normal sentence was cut to half, and they were sentenced to three months imprisonment in each of the contempt matters---Sentences were directed to run concurrently. Syed Manzoor Hussain Gilani v. Sain Mullah, Advocate and 2 others P L D 1993 SC (AJ&K) 12 and Raja Bashir Ahmed Khan v. Azad Jammu and Kashmir Government and others Civil Appeal No.40 of 1997, ref. Per Khawaja Muhammad Saeed, C.J., concurring with Syed Manzoor Hussain Gilani, J.- (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)----- ----S. 45---Azad Jammu and Kashmir Contempt…

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