Law: Contempt of Court Ordinance, 2003

Section: 3/4,5

Law: Constitution of Pakistan, 1973

Section: 204(3)

Crl. Org. No. 29909 of 2022, decided on 15.9.2022. Contempt of Court Ordinance, 2003 (V of 2003)-- ----Ss. 3/4 5--Constitution of Pakistan, 1973, Art. 204(3)--Non-compliance of order issued writ petition--Respondent MS was died before filing of writ petition in which order for implementation was passed--Present MS was not implead as party in present writ petition--Suo motu powers of Court for intertioning of contempt proceedings--Question of--Whether order passed in writ petition would still hold filed especially when present petition was filed against a dead person as a sole respondent in petition for contempt of Court and no other person was impleaded as party--Types of contempt of Court--Respondent had already died two years ago and he was neither holding post of Medical Superintendent on date when petition was filed nor date when direction was issued--Therefore, he was not person to whom direction was issued and in said circumstances he had not disobeyed order passed by Court--Where there was only one defendant or respondent and he was dead at time of initiation of proceedings, then proceedings against him would be similar to a ‘still born lis/suit’ with no possibility of revival, hence, nullity in eyes of law and not proceedable at all so much so that in such proceedings legal heirs of deceased can also not be impleaded and fresh proceedings, if permissible under law, may be initiated--High Court has suo motu powers to initiate contempt of Court proceedings against alleged contemner, however, as in case in hand respondent was impleaded as only respondent in petition for contempt of Court and no other respondent had been impleaded, therefore, petition in hand having been filed against dead person was void ab initio as a whole and not in piecemeal, hence nullity in eye of law and therefore substitution of respondent by impleading incumbent would not be permissible in this petition--Petitioner has failed to point out who is presently holding said position and whether matter of petitioner was placed before said person for decision in terms of order passed by High Court and it is also not clear as to if matter if placed before incumbent for consideration has…

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