Law: Constitution of Pakistan, 1973

Section: 10,175,203,204

Constitution of Pakistan, 1973-- ----Arts. 10, 175, 203 & 204--Suo motu contempt proceeding--Contempt of Couort--Unqualified apology--District judiciary--Public confidence--Passed in a suo motu contempt proceeding--The High Court has, by the said order, convicted the appellant under the Contempt of Court Ordinance 2003 and sentenced him to imprisonment till rising of the court with a fine of Rs. 5000/--Appellant raided the official residence of the Qazi, assaulted and arrested him, on the allegation of his having illicit relations with “Z” a police constable, whose civil suit for correction of the date of her birth was pending adjudication in the Court of the Qazi--Mst. “M” was also recovered from the house of the Qazi at that time--The Qazi was kept confined there for about 6 hours without registration of any criminal case against him--Incident was reported by the District & Sessions Judge, on 17 February, to the Registrar--Commission, after making thorough inquiry into the facts, submitted its detailed report on 2 May 2016--On this report of the Commission, the Division Bench issued notices to the appellant and awarded a lesser punishment--When the accused offers an unqualified apology at an early stage of the contempt proceeding as a sincere and profound remorse, the courts generally drop such proceeding and discharge the accused while warning him to be careful in the future--This is not an absolute rule to be followed invariably in all cases. The exceptional facts and circumstances of a case may justify departure from this general rule--Power to supervise and control vested in the High Courts under Article 203 of the Constitution--Legislature has conferred upon the High Courts the power to punish a contempt committed in relation to any court of the district judiciary--Balochistan High Court has performed its constitutional duty of protecting the independence of the judiciary by safeguarding the sanctity and prestige of the judges of district judiciary-our bastions of justice and an integral part of the judiciary envisaged under Article 175 of the Constitution--Law of contempt protects the courts and judges, protection of the public interest and more…

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