Law: Constitution of Pakistan, 1973

Section: 9,10,19,199,204

Law: Contempt of Court Ordinance, 2003

Section: 3

Constitution of Pakistan--- ----Arts. 204, 19, 10 & 9---Contempt of Court Ordinance (IV of 2003) S. 3---Contempt of Court---Nature of contempt proceedings---Exercise of discretion by the Court---Scope---Jurisdiction to punish for contempt touched upon two Fundamental Rights of citizens, namely, "right to personal liberty" and "right to freedom of expression"; and therefore contempt of court law must be jealously and carefully applied and such power was to be prudently exercised with greatest reluctance --Court, if found that there existed contempt of Court beyond condonable limits, then strong arm of law must be used in name of public interest---Before a person may be held in contempt for disobeying a Court's order, such order must spell out the details of compliance in clear, specific, and unambiguous terms, so that such person would readily know exactly what duties or obligations were imposed upon him---Where there was indefiniteness and uncertainty in a /order or where prima facie two views were possible to be drawn then unless it was specifically held that a party not only was bound by the terms issued in a /order but also had defied such direction deliberately; such party could not be punished for contempt---Punishment for contempt of court could only rest on a clear, intentional violation of a specific, narrowly drawn order and specificity was essential pre-requisite of contempt proceedings---Contempt was a matter between Court and alleged contemnor and no one could demand as of right initiation of proceedings for contempt---Jurisdiction in contempt proceedings was to be exercised on a clear case having been made out and was not the personal glorification of a Judge in his office but an anxiety to maintain the efficacy of administration of justice which dictated the conscience of a Judge to move or not to move in contempt jurisdiction---Litigant may invite attention of a Court to such facts that may persuade a Court in initiating proceedings for contempt, however such person filing an application or petition before a Court did not become a complainant or petitioner in such proceedings and was mere informer or relator---Duty of such person ended with…

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