Law: Constitution of Pakistan, 1973

Section: 199,204

Law: Contempt of Court Ordinance, 2003

Section: 3,4,5,7

Constitution of Pakistan, 1973-- ----Arts. 199 204--Contempt of Court Ordinance, (V of 2003), Ss. 3, 4, 5 7--Non-implementation of Court orders--Arrest of qazi--Inquiry commission--Report of inquiry commission--Issuance of show-cause notice--Establishment of fact--Submission of unconditional apology--Question of--Whether a judge of district judiciary can be arrested--Conviction and sentence--It is, in general interest of community that authority of subordinate Courts is protected--If Civil Judges, Judicial Magistrates and Qazis are led into a trap by unscrupulous officers, and if they were assaulted, hand cuffed, public is bound to lose faith in Courts, which would be destructive of basic structure of an ordered society--If this is permitted, Rule of Law shall be supplanted by Civil servants and Police--Instant case is of exceptional nature as incident created a situation where functioning of subordinate Courts all over province was adversely affected and administration of justice was paralyzed, therefore, this Court took cognizance of matter--Incident in question under mined dignity of Courts in province--Judicial Offiers, Qazis, Judges and Magistrates all over province were in a state of shock--They felt insecure and humiliated--Number of Bar Associations passed resolutions and went on strike--Detailed report of commission establishes fact that Assistant Commissioner was main character in entire incident and he had planned entire episode to humiliate Qazi in public eye--Assistant Commissioner was in league with Mst. Zubaida and prior to her entrance into house of Qazi, same was surrounded by him in order to trape Qazi and in this manner not only decorum of Court was violated, but he also resisted Sessions Judge, Kalat when he made an attempt to resolve dispute--Though contemnor deserves maximum punishment being main actor, yet we are inclined to take lenient view against contemnor for reasons that from day one notice was given to him, he tendered unconditional apology--Question as to whether a judge of District Judiciary can be arrested? answer is yes because no person, whatever his rank or designation may be, is above law and he must face penal consequences…

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