| Citation(s) |
|---|
| 2019 SLG 653 2019 SLD 653 2019 SCMR 542 |
Supreme Court of Pakistan
Intra Court Appeal No. 7 of 2018 in Criminal OriginalPetition No. 9 of 2018, decision & hearing Dated:09-10-2018. (Against the order Dated 2.8.2018 passed by thisCourt in Crl. Original Petition No. 9 of 2018)
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE SAJJAD ALI SHAH, JUSTICE MUNIB AKHTAR, JUSTICE
Petitioner(s) by: Kamran Murtaza, Senior Advocate Supreme Court along with Talal Ahmed Chaudhry
Respondent(s) by: Ch. Aamir Rehman, Additional Attorney-General
Intra Court Appeal No. 7 of 2018 in Criminal OriginalPetition No. 9 of 2018, decision & hearing Dated:09-10-2018. (Against the order Dated 2.8.2018 passed by thisCourt in Crl. Original Petition No. 9 of 2018)
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE SAJJAD ALI SHAH, JUSTICE MUNIB AKHTAR, JUSTICE
Petitioner(s) by: Kamran Murtaza, Senior Advocate Supreme Court along with Talal Ahmed Chaudhry
Respondent(s) by: Ch. Aamir Rehman, Additional Attorney-General
TALAL AHMED CHAUDHRYVSTHE STATE
Law: Contempt of Court Ordinance, 2003
Section: 3,5
Law: Criminal Procedure Code (V of 1898)
Section: 225
Law: Family Courts Act, 1964
Section: 7(2)
Law: Constitution of Pakistan, 1973
Section: 19,63(1)(g),204(2)
(a) Contempt of Court Ordinance (V of 2003)--- ----Ss. 3 & 5---Constitution of Pakistan, Art. 204(2)---Contempt of Court, proceedings for---Object and purpose---Object and the ultimate purpose in the mind of the Court while initiating contempt proceedings was not to afford protection to the judges from imputation to which they might be exposed personally as individuals or to satisfy the ego of a judge by punishing such person, instead, it was to maintain and strengthen the confidence of the public in general and the litigants, in the Court and to vindicate the honor and dignity of the Court to ensure that the administration of justice was not diminished or weakened. (b) Contempt of Court Ordinance (V of 2003)--- ----Ss. 3 & 5---Constitution of Pakistan, Art. 204(2)---Contempt of Court---Apology/repentance by contemnor---Bona fides of contemnor---Courts in the matter of contempt tended to show grace and magnanimity towards the alleged contemnor in cases where the contemnor without justifying his action/statement showed his repentance, remorse and at the earliest opportunity submitted an unconditional apology by throwing himself at the mercy of the Courts---Said rule, however, was not a rule of thumb and could not be applied to every case as an apology tendered did not automatically purge the contemnor of the contempt and may not necessarily be accepted unless the Court from the surrounding circumstances was satisfied about the bona fide of the contemnor. (c) Contempt of Court Ordinance (V of 2003)--- ----Ss. 3 & 5---Constitution of Pakistan, Arts. 63(1)(g) & 204(2)---Contempt of Supreme Court---Abusive language used against the Supreme Court and its judges in public speeches---Apology by contemnor---Lack of remorse, sincerity and bona fides in apology---Appellant-contemnor, who was a Minister at the relevant time, was convicted under Ss. 3 & 5 of the Contempt of Court Ordinance, 2003 ('the Ordinance') and was sentenced to imprisonment till the rising of the Court with a fine of Rs.100,000, and he was also disqualified under Art. 63(1)(g) from being a member of Parliament for a period of five years---Offending words uttered by the contemnor in his speeches wereβ¦
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