Case Details

Citation(s)
2024 SLG 2976 2024 SLD 2976 2024 PLD 165
Sindh High Court
Criminal Reference No. S-03 of 2023, decided on 9th October, 2023.Date of hearing: 4th October, 2023.
BEFORE SHAMSUDDIN ABBASI, J
Ali Anwar Kandhro, Addl. P.G. for the State. Habibullah G. Ghouri and Shahbaz Ali Brohi for
Respondents/ Contemnors.

THE STATE---APPLICANT

VS

ANWAR ALI BROHI AND OTHERS---RESPONDENTS

Law: Contempt of Court Ordinance, 2003

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Contempt of Court Ordinance (IV of 2003)--- ----Ss. 3 & 4---Contempt proceedings---Object, purpose and scope---Nature of proceedings under Contempt of Court Ordinance, 2003, are not in strict sense a criminal trial under Criminal Procedure Code, 1898, but are sui generis in nature---Purpose of such proceedings is not to wreak vengeance nor it relates to ego of a judge to punish contemnor rather to vindicate honour and dignity of Court so as to maintain and strengthen confidence of general public in judicial system and to keep justice system away from any obstructions---Law of contempt is meant to maintain efficacy of Courts of justice and to secure public confidence in administration of justice. (b) Contempt of Court Ordinance (IV of 2003)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), S.491---Contempt of Court---Habeas corpus---Obstruction to Local Commissioner--- Contemnors / accused persons were police official who resisted and obstructed Local Commissioner appointed by Court to conduct surprise raid in police station for recovery of illegal detenue---Validity---Contemnors/ accused persons attempted to obstruct administration of justice and through their acts they tended to prejudice determination of matter pending before Court of competent jurisdiction, which act constituted criminal contempt---Contemnors/accused persons had shown their high handedness and tried to interfere in a lawful process, which was likely to lower prestige of a judicial officer as well as judicial system---Acts of contemnors/accused persons were intended and calculated to impede, obstruct and divert administration and course of justice---Contemnors/accused persons physically assaulted and misbehaved with the official and snatched Roznamcha (Daily Diary of Police Station), entry book as well as cell phone from his hands and confined him within the premises of police station for 15/20 minutes by locking outer gate of police station---Police officials had committed contempt of Court and they were liable to be punished in accordance with law---High Court convicted the contemnors/accused persons for committing contempt of Court under Ss. 3 & 4 of Contempt of Court…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492