| Citation(s) |
|---|
| 2016 SLG 3275 2016 SLD 3275 2016 PCRLJ 1017 |
Peshawar High Court
Cr. Misc. (COC) No. 313 of 2014 in Cr. R. No. 87 of 2013,decided on 29th December, 2014. Date of hearing: 29thDecember, 2014.
YAHYA AFRIDI, JUSTICE
Abdul Latif Yousafzai, Advocate-General Khyber Pakhtunkhwa and Barrister Waqar Ahmed Khan, Friend of the Court for
Respondents
Cr. Misc. (COC) No. 313 of 2014 in Cr. R. No. 87 of 2013,decided on 29th December, 2014. Date of hearing: 29thDecember, 2014.
YAHYA AFRIDI, JUSTICE
Abdul Latif Yousafzai, Advocate-General Khyber Pakhtunkhwa and Barrister Waqar Ahmed Khan, Friend of the Court for
Respondents
SHAHID ORAKZAI - ERVSMIAN MUHAMMAD NAWAZ SHARIF, PRIME MINISTER OF PAKISTAN AND ANOTHER - --Respondent
Law:
Section:
. (a) Contempt of Court Ordinance (IV of 2003) --------- ----------Ss. 3 & 11(2) --------- Proceedings for contempt --------- Nature --------- Locus standi of petitioner --------- Scope --------- Contempt proceedings were independent proceedings, which could, inter alia, be initiated by information --------- Petitioner, by filing contempt petition, became an informer of the alleged contempt --------- Informer, having brought to the attention of the court an alleged contempt of court, was thereafter, divested of any vested right to pursue the same --------- Matter, thereafter, was essentially between the court and accused/contemnors, however, exception to said principle had been provided under S. 11(2) of the Contempt of Court Ordinance, 2003 that any person laying false information relating to the commission of an alleged contempt, would himself be liable to the proceedings for contempt of court. Malik Hamid Sarfaraz's case PLD 1979 SC 991; Muhammad Ashraf's case PLD 1993 Pesh. 151; M. Aftab Saigal's case 1994 MLD 1659; Mian Muhammad Nawaz Sharif's case PLD 1995 Lah. 532; Humayun Khan's case 1998 PLC (C.S.) 34; Supreme Court Bar Association's case PLD 2002 SC 939; Ch. Muhammad Siddique's case PLD 2005 SC 186; Jaffar Hussain's case 2008 CLC 1609; Shafiaq Ahmad's case PLD 2008 Pesh. 100; Federation of Pakistan's case PLD 2009 SC 284; Muhammad Iqbal's case 2010 SCMR 632; Mehr Rehman's case 2013 PLC (C.S.)165; Hakam Qureshi's case PLD 1976 SC 713; Muhammad Ibrahim's case PLD 2000 SC 71; Dr. Ali Sana Shakir Bokhari's case 2001 SCMR 519; Shahid Orakzai v. Pakistan Muslim League (Nawaz Group) and 8 others 2000 SCMR 1969; Chaudhry Zahoor Elahi's case PLD 1975 SC 383 and Muhammad Ishaq's case PLD 1957 SC 293 ref. (b) Contempt of Court Ordinance (IV of 2003) --------- ----------S. 19 --------- Contempt proceedings --------- Right of appeal --------- Scope --------- Right of appeal was a substantive right, and could only be availed, if it was clearly and expressly provided under the enabling statute --------- Legislature, while enacting S.19 of Contempt of Court Ordinance, 2003, had provided only the forum of appeal, without specifying the persons, who had the right…