Case Details

Citation(s)
1975 SLG 150 1975 SLD 150 1975 SCMR 106
Supreme Court of Pakistan
Criminal Appeal No. K-8 of 1972, decision dated: 30th January 1974. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated the 19th May 1969, in Criminal Reference No. 38 of 1968)
HAMOODUR RAHMAN, C.J., WAHEEDUDDIN AHMAD AND MUHAMMAD GUL, JJ
A. S. Pirzada, Senior Advocate Supreme Court instructed by M. I. Memon, Advocate-on-Record for Appellant. Usman Ghani, Assistant Advocate General (Sind) (S. At. Noorul Hassan, Advocate Supreme Court with him) instructed by Shafiy Ahmad, Advocate-on-Record

MUHAMMAD WARIS

VS

THE STATE AND another

Law:

Section:

(a) Contempt of Courts Act (XII of 1926)--- Ss. 2(1) & 3Contempt of CourtDuring pendency of appel­lant's complaint against a Presiding Officer of a Court and others, appellant in his newspaper publishing an article under caption: "Revision petition against misdeeds of Gul Muhammad Solangi allowed" and inter alia imputing to Presiding Officer as having com­pelled the police to adopt unlawful attitude with the result that the police in defiance of the order of the Court had refused to accept the surety and kept the accused in wrongful confinement by adopting illegal methods"Publication, held, tended to prejudice case of Presiding Officer in public eyesSubsequent publication of yet another article making imputation that "clerk of Court appears to have assumed a position as though he was the master of the Court"Held likely to lower Court in public estimation, innuendo being that either Court connived at malpractices of clerk or was not in position to curb his misdeeds and maintain discipline and decorum of its own Court. Saadat Khialy v. The State P L D 1964 S C 457 and Attorney-General of Pakistan v. Abdul Hamid Shaikh P L D 1963 S C 170 ref. (b) Contempt of Courts Act (XU of 1926)--- ---S. 3Contempt of Court ApologyContemner throwing himself at Court's mercy without demur or qualification and showing spirit of manful confession of conscious wrong doingSuch apology, held, should normally be acceptedAcceptance of apology, however, being a matter for Court concerned and not for appellate Court, Supreme Court did not feel proper to accept apology but considering sentence harsh reduced it to a fine of one rupee in circumstances of case. The State v. S. W. Lakitullah P L D 1959 Dacca 84 ; In re : Arif Nizami P L D 1971 S C 72 and Fakhre Alam v. The State P L D 1973 S C 59 ref. JUDGMENT HAMOODUR RAHMAN, C. J. This is an appeal by special leave from the judgment and order of a learned Single Judge of the former High Court of West Pakistan, Karachi Bench, accepting a reference under subsection (I ) of section 2 of the Contempt of Courts Act, 1926, by the learned Sessions Judge, Nawabshah, convicting the appellant herein under section 3 of the abovementioned Act and…
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