| Citation(s) |
|---|
| 2015 SLG 487 2015 SLD 487 2015 PLD 54 |
Sindh High Court
Criminal Original Miscellaneous Application No. 2 of 2013 and M.As. Nos. 7113 and 7025 of 2013, decided on 27th June, 2014
AHMED ALI M. SHAIKH, J
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Criminal Original Miscellaneous Application No. 2 of 2013 and M.As. Nos. 7113 and 7025 of 2013, decided on 27th June, 2014
AHMED ALI M. SHAIKH, J
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Syed MEHMOOD AKHTAR NAQVI
VS
MIAN MUHAMMAD NAWAZ SHARIF
Law: Contempt of Court Ordinance, 2003
Section: 3
Law: Constitution of Pakistan, 1973
Section: 204
Contempt of Court Ordinance (IV of 2003)--- ----S. 3---Constitution of Pakistan, Art. 204---Contempt of Court---Context of statement---Petitioner assailed statement made by Prime Minister wherein he stated "even Judges are afraid of giving in Karachi"---Validity-Statement was given in context with bad law and order situation prevailing in country, more particularly in Karachi---Only such comments or remarks could be considered as contemptuous which really had a tendency to substantially prejudice hearing of a case or to interfere in administration of justice--- Words in question were not uttered to undermine any pending proceedings or ridicule judiciary, therefore, such statement did not fall within the definition of "contempt of Court"-:-Neither High Court had given any direction to Prime Minister, which he wilfully flouted, disregarded or disobeyed nor he performed any act detrimental to administration of justice or to ridicule High Court and judiciary--- No case for initiation of contempt proceedings or issuance of notice to Prime Minister under Contempt of Court Ordinance, 2003 or under Art.204 of the Constitution was made out by petitioner--- Application was dismissed in circumstances. Zonal Manager, UBL v. Perveen Akhtar PLD 2007 SC 298 Sindh High Court Bar Association v. Federation of Pakistan PLD 2009 SC 879. Suo Motu Case No.4 of 2010 PLD 2012 SC 553 and Dr.Mubashir Hassan v. Federation of Pakistan PLD 2010 SC 265 ref. ORDER AHMED ALI M. SHAIKH, J.---Through instant Criminal Original Misc. Application filed under Article 204 of the Constitution of the Islamic Republic of Pakistan, 1973, read with Contempt of Court Ordinance, 2003, applicant, Syed Mehmood Akhtar Naqvi, seeks initiation of contempt proceedings against Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan. 2. Briefly facts of the case are that on 10-10-2013 Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan, while talking to press has given a statement, which was largely published in newspapers, that "even judges were afraid of giving judgment in Karachi." Hence, the applicant has filed instant application. 3. On 28-11-2013 the Court appointed Mr. A. Q. Halepota, Senior Counsel, Mr.…
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