| Citation(s) |
|---|
| 2018 SLG 2930 2018 SLD 2930 2018 PLJ 755 |
Supreme Court of Pakistan
Intra Court Appeals No. 1 to 5 of 2007 in S.M.C. No. 1 of 2007, heard on 15.05.2018. (On appeal against order Dated 1.11.2007, 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
Petitioner(s) by: Dr. Khalid Ranjha, Sr. ASC and Mr. Mehr Khan Malik, AOR (in ICA No. 1-2 of 2007). Mr. Abdul Shakoor Paracha, ASC (in ICA No. 1 of 2007). Mian Liaqat Ali, ASC (in ICA No. 2 of 2007). Raja Muhammed Ibrahim Satti, Sr. ASC and Mr. Mehr Khan
Intra Court Appeals No. 1 to 5 of 2007 in S.M.C. No. 1 of 2007, heard on 15.05.2018. (On appeal against order Dated 1.11.2007, 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
Petitioner(s) by: Dr. Khalid Ranjha, Sr. ASC and Mr. Mehr Khan Malik, AOR (in ICA No. 1-2 of 2007). Mr. Abdul Shakoor Paracha, ASC (in ICA No. 1 of 2007). Mian Liaqat Ali, ASC (in ICA No. 2 of 2007). Raja Muhammed Ibrahim Satti, Sr. ASC and Mr. Mehr Khan
CH. IFTIKHAR AHMED, I.G, ISLAMABAD AND OTHERS
VS
STATE
Law: Contempt of Court Ordinance, 2003
Section: 3,5
Law: Constitution of Pakistan, 1973
Section: 204
Contempt of Courts Ordinance, 2003 (V of 2003)-- ----Ss. 3 & 5--Constitution of Pakistan, 1973, Art. 204--Contempt proceedings--Manhandling of Chief Justice of Pakistan by police officials--Conducting of inquiry--Inquiry report with findings--Framing of charge--Submission of unconditional apology--Awarding of sentence--Challenge to--Striking feature of unconditional apologies submitted by all appellants except appellants Muhammad Ali, Jamil Hashmi and Siraj Ahmed, is that they are stereotype and some of words appearing in them have been mis-spelled and none of them cared or bothered to correct them and it shows there was no application of mind by these appellants which rather seem to have been submitted in posthaste after charge has been framed against these appellants--Best which appellants could have done was that on very first day when contempt proceedings were taken up, they should have filed unconditional, unreserved and unqualified apology showing their sincere and genuine remorse and thrown themselves at mercy of Court but as facts of case show that such did not happen--Gravity of conduct of appellants is also to be seriously taken note of in that on 13.3.2007 they had physically roughed up, manhandled, pushed, bundled and physically forced Hon'ble Chief Justice of Pakistan, head of highest judicial forum of country, to sit in a car--This in itself is a serious and grievous nature of Contempt of Court by which holder of highest judicial office of country was dealt with, handled, restrained physically in eyes of public and also in presence of print and electronic media--Looking at grave nature of Contempt of Court having been committed by appellants--In our estimation, by impugned order passed in Suo Motu proceeding they had been dealt with quite leniently--Such being case, we find no merit in these appeals which are dismissed--Appellants are in attendance, they, other than those sentenced to imprisonment till rising of court, are to be taken into custody and to be lodged in Central Prison, Rawalpindi, to serve out their respective sentences--Appeals were dismissed. THIS JUDGMENT DELIVERED BY: GULZAR AHMED, JUSTICE- By these five Intra Court Appeals,…
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