| Citation(s) |
|---|
| 2018 SLG 1386 2018 SLD 1386 2018 SCMR 1183 |
Supreme Court of Pakistan
Criminal Original Petition No. 23 of 2018, decision & hearing Dated: 27-03-2018. Contempt proceedings against Muhammad Nehal Hashmi under section 3 of the Contempt of Court Ordinance, 2003 (Ordinance No. V of 2003) read with Article 204(2) of the Constitu
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE, KAMRAN MURTAZA, SENIOR ADVOCATE SUPREME COURT/VICE-CHAIRMAN, PAKISTAN BAR COUNCIL.
Rashid A. Rizvi, Senior Advocate Supreme Court/Ex-President, Supreme Court Bar. Syed Kaleem Ahmed Khurshid, Senior Advocate Supreme Court/President, SCBA. Kamran Murtaza, Senior Advocate Supreme Court/Vice-Chairman, Pakistan Bar Council. Raja M. Ibrahi
Criminal Original Petition No. 23 of 2018, decision & hearing Dated: 27-03-2018. Contempt proceedings against Muhammad Nehal Hashmi under section 3 of the Contempt of Court Ordinance, 2003 (Ordinance No. V of 2003) read with Article 204(2) of the Constitu
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE, KAMRAN MURTAZA, SENIOR ADVOCATE SUPREME COURT/VICE-CHAIRMAN, PAKISTAN BAR COUNCIL.
Rashid A. Rizvi, Senior Advocate Supreme Court/Ex-President, Supreme Court Bar. Syed Kaleem Ahmed Khurshid, Senior Advocate Supreme Court/President, SCBA. Kamran Murtaza, Senior Advocate Supreme Court/Vice-Chairman, Pakistan Bar Council. Raja M. Ibrahi
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Law:
Section:
Contempt of Court Ordinance (V of 2003)--- ----S. 3---Constitution of Pakistan, Art. 204(2)---Contempt of Supreme Court---Abusive language used against Judges of the Supreme Court---Unconditional apology and undertaking by contemnor---Effect---Contempt proceedings dropped against contemnor---Words and conduct of the contemnor constituted gross contempt of the Supreme Court---Contemnor had also admitted his unbecoming conduct, however, he had expressed regret and remorse about his conduct, submitted an unconditional apology and placed himself at the mercy of the Court seeking forgiveness--- Such remorse prima facie appeared to be sincere---Further, the contemnor had given an assurance and undertaking that he would not give any cause of complaint of any nature in the future to the Court in respect of his conduct---Keeping in view the(old) age, mental state and health of the contemnor, and the fact that he had recently served a sentence awarded to him by the Supreme Court and also stood disqualified from holding a public office for a period of five years, the Supreme Court decided to exercise restraint, magnanimity and forbearance in the present matter---Supreme Court accepted the unconditional and unqualified apology tendered by the contemnor and dropped the proceedings for contempt of Court initiated against him---Supreme Court directed that in case of any lapse on the part of the contemnor with respect to complete and faithful adherence to the assurance and undertaking given by him in writing, he shall be dealt with strictly in accordance with law, and no leniency would be shown towards him, and that present order was being passed in view of the peculiar facts and circumstances of the present case, therefore, it shall not be used or cited as a precedent for any future case. Muhammad Nehal Hashmi, the Contemnor. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.--- This order shall dispose of contempt proceedings initiated against Muhammad Nehal Hashmi (the contemnor) pursuant to an order dated 07.03.2018 passed by this Court in Intra Court Appeal No. 1 of 2018 in Criminal Original Petition No. 154 of 2017. The proceedings were started on account of certain…
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