Case Details

Citation(s)
2018 SLG 314 2018 SLD 314 2018 SCMR 556
Supreme Court of Pakistan
Criminal Original Petition No. 154 of 2017 in Criminal Miscellaneous Application No. 985 of 2017 in Civil Miscellaneous Application No. 2939 of 2017 in Constitutional Petition No. 29 of 2016 and others, decision Date : 1-2-2018. Dates of hearing: 1st, 5th
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, SAJJAD ALI SHAH, JUSTICE
Ashtar Ausaf Ali, Attorney-General for Pakistan/Prosecutor for the Prosecution. Kamran Murtaza, Advocate Supreme Court with the
Respondent in person for
Respondent.

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Law: Contempt of Court Ordinance, 2003

Section: 3,5(2),18

Law: Constitution of Pakistan, 1973

Section: 204(2)

(a) Contempt of Court Ordinance (V of 2003)--- ----Ss. 3, 5(2) & 18---Constitution of Pakistan, Art. 204(2)---Contempt of Supreme Court---Obstructing the process of law and justice---Bringing the authority of the court and administration of law into disrespect, disrepute or hatred---Unconditional apology submitted belatedly after contesting contempt proceedings---Effect---Accused-contemnor delivered a speech wherein he was alleged to have threatened Judges of the Supreme Court, their families and children and Members of a Joint Investigation Team and their families and children---Offending words uttered by the accused in the speech were nothing but an effort to obstruct, interfere with and prejudice the proceedings pending before the Supreme Court and before a Joint Investigation Team working under the direct command and supervision of the Supreme Court---Words uttered by the accused in public were meant to interfere with, obstruct and prejudice the process of law, justice and the Supreme Court and were also intended to bring the authority of Supreme Court and administration of law into disrespect, disrepute or hatred within the meanings of S. 3 of the Contempt of Court Ordinance, 2003 and Art. 204 of the Constitution---Manner in which the accused had acted on the occasion was surely prejudicial to the integrity and independence of the judiciary of the country as a whole as it had defamed and brought it into ridicule---Contempt committed by the accused was quite grave and was one which was substantially detrimental to the administration of justice besides tending to bring the Supreme Court and the Judges of the Supreme Court into disrespect and hatred---Initially the accused had contested the proceedings and his belated apology submitted after about seven months of commencement of the contempt proceedings and at the fag end of such proceedings when the evidence of the prosecution had already been completely recorded and closed spoke volumes about the apology being an afterthought---Conduct of the accused in such regard impinged upon bona fide of his apology and, thus, the same had not been found to be meriting acceptance---Supreme Court held the accused…
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