Law:

Section:

(a) Constitution of Pakistan (1962), Art. 123-Contempt of Court-Contemner, in proceeding for contempt, volunteering to make oral statement before Court-Court, held, justified in circumstance to put questions to him. (b) Constitution of Pakistan (1962), Art. 123 and Contempt of Courts Act (X11 of 1926), S. 3-Interrupting Court and challeng­ing legality of Court's order in "facie curiae"-Gross contempt. A Judge hearing a habeas corpus petition passed an order adjourning the case to a future date and directing at the same time that the detenu should accompany her husband and stay with him till next date of hearing. The detenu was reluctant to do so. At this a legal practitioner who was a stranger to the case stood up and in an insolent tone addressed the Judge that he had no power to pass such an order and that it was illegal. Despite warnings by the Court, he persisted in his insolent behaviour both inside and outside the Court. On a show-cause notice he took up the defence that "he was only trying to do his duty as an officer of the Court". Held : The Advocate by his act and conduct in the open Court and outside the court-room interfered with and obstruct­ed the due course of administration of justice and had thus undermined the dignity and authority of the Court in public. These constituted gross contempt of Court and he was, therefore, rightly convicted by the High Court. (c) Constitution of Pakistan (1962), Arts. 8 & 123-Contempt of Court-Contention that under Islamic law every person has right to criticise judicial acts of qazis and, therefore, codified law of contempt inconsistent with Principles of Policy No. 1 in Art. 8---­Contention, held, fallacious. Where the contention was that under the Islamic law every person has a right to criticise the judicial and other acts of the qazi and, therefore, no codified law of contempt can be inconsistent with the principles of policy concerning Islam as contained in Article 8 of the Constitution of Pakistan (1962). Held : Clause (2) of Article 8 of the Constitution, which finds place in the very Chapter 2 relating to the Principles of Policy, is a complete answer to this contention. Besides, Article 4 of the…

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