| Citation(s) |
|---|
| 2018 SLG 1645 2018 SLD 1645 2018 SCMR 1385 |
Intra Court Appeals Nos. 1 to 5 of 2007 in S.M.C. No. 1 of 2007, decided & hearing on 15-05-2018. (On appeal against order Dated 01.11.2007, passed by this Court in S.M.C. No. 1 of 2007)
ASIF SAEED KHAN KHOSA, ACJ, GULZAR AHMED, JUSTICE, SH. AZMAT SAEED, JUSTICE, MUSHIR ALAM, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Dr. Khalid Ranjha, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellant No.1 (in I.C.As. Nos. 1 - 2). Abdul Shakoor Paracha, Advocate Supreme Court for Appellant No.2 (in I.C.A. No. 1). Mian Liaquat Ali, Advocate Supreme Court for Appellant No.2 (in I.C.A. No. 2). Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants (in I.C.A. No.3). Sardar Muhammad Aslam, Advocate Supreme Court for Appellants (in I.C.As. Nos. 4 - 5). Sajid Ilyas Bhatti, Additional Attorney-General for the State.
CH. IFTIKHAR AHMED, I.G., ISLAMABAD AND OTHERS
VS
The STATE
Law: Contempt of Court Ordinance, 2003
Section: 3
Law: Constitution of Pakistan, 1973
Section: 204(2)
(a) Appeal--- ----Appeal was continuation of the original proceedings. (b) Appeal--- ----Party could not set up a new case altogether in appeal which it had not pleaded in the original proceedings. (c) Contempt of Court Ordinance (V of 2003)--- ----S. 3---Constitution of Pakistan, Art. 204(2)---Contempt of Court---Unconditional apology tendered by alleged contemnor, acceptance of---Principles---Where an apology was tendered it would not automatically purge the contemnor from contempt and may not necessarily be accepted unless the Court from surrounding circumstances was satisfied about its bona fides---Acceptance or rejection of apology, therefore, depended upon the volume and nature of contempt allegedly committed---Bona fades of the contemnor and satisfaction of the Court about genuineness of the apology being tendered were the main factors to be considered---Fundamentals for acceptance of apology were that the apology must be offered at the earliest stage of the contempt proceedings and may not be postponed till fag-end of the proceedings; that the apology must be unconditional, unreserved and unqualified; that the apology should not only appear but must also satisfactorily represent sincere and genuine remorse and should not be half-hearted or mere formality, and that the contemnor should not endeavor to justify his conduct. Syed Masroor Ahsan and others v. Ardeshir Cowasjee and others PLD 1998 SC 823 ref. (d) Contempt of Court Ordinance (V of 2003)--- ----S. 3---Constitution of Pakistan, Art. 204(2)---Contempt of Court---Unconditional apology tendered by alleged contemnor, acceptance of---Principles---Apology not sincere and not tendered at the earliest stage of contempt proceedings---Manhandling of Chief Justice of the Supreme Court---Reference had been sent against the then Chief Justice of the Supreme Court under Art. 209 of the Constitution to the Supreme Judicial Council (the Council)---Chief Justice as a mark of protest did not use the official vehicle made available for taking him to the Supreme Court building for appearance before the Council, and walked out of his residence---When the Chief Justice started walking on foot, the police personnel in…
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