| Citation(s) |
|---|
| 1975 SLG 151 1975 SLD 151 1975 SCMR 119 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 308 of 1974, decision dated: 8th November 1974
SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
A. K. Brohi, Senior Advocate Supreme Court instructed by Fazle Hussain, Advocate-on-Record for Petitioner. Nemo for the State
Petition for Special Leave to Appeal No. 308 of 1974, decision dated: 8th November 1974
SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
A. K. Brohi, Senior Advocate Supreme Court instructed by Fazle Hussain, Advocate-on-Record for Petitioner. Nemo for the State
MUNAWAR KHAN-
VS
THE STATE
Law:
Section:
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 imposing a fine of Rs. 1,000 to be paid within one month or, in default, three months' simple imprisonment. The appellant, who is a printer, publisher and editor of a weekly Sindhi newspaper called the 'Jihad', it appears, filed a complaint against the -Respondent No. 2, a Development Officer of an Insurance Company, before the Joint Civil Judge and First Clasa Magistrate, Nawabshah, alleging offences under sections 504, 342 and 220, P. P. C., but the same was summarily dismissed under section 203, Cr. P. C. on the 21st of August 1965. Against that order of dismissal, the appellant went up in revision before the Sessions Court, Nawabshah. This was allowed and the case was remanded for proceeding according to law on the 26th of March 1966. Three days later, the appellant's newspaper published in its issue of the 28th of March 1966, an article under the caption "Revision petition against misdeeds of Gul Muhammad Solangi allowed". In this article, after reciting the fact that in the complaint against the said Gul Muhammad Solangi, Muhammad Hayat, Head Constable, Agha Razi, Head Constable and Muhammad Shoaib, a constable, which arose out of an incident in respect of the execution of a warrant, the Court had bound down the accused with a surety in the sum of Ra. 1,000 for producing the accused on the dates of hearing but the said Gul Muhammad Solangi had "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 ire wrongful confinement by adopting illegal methods". Thereafter, in its issue of the 13th of June 1966, the appellant again published a complaint against the autocracy of one Abdur Rahman Shaikh, a clerk of the Court of the Joint SubJudge, Nawabshah. In thisβ¦
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