Case Details

Citation(s)
1976 SLG 175 1976 SLD 175 1976 PLD 608
Supreme Court of Pakistan

SALAHUDDIN AHMED, ANWARUL HAQ. MUHAMMAD GUL, AND MUHAMMAD AFZAL CHEEMA, JJ

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MANZOOR AHMAD MALIK AND ANOTHER

VS

THE JUDGES OF THE LAHORE HIGH COURT

Law:

Section:

(a) Constitution of Pakistan (1973)----- Art. 204- Contempt of Superior Courts-Article published in news­paper making clear reference to subject-matter of a pending criminal case calling upon President of a High Court Bar Association to show cause why he should not be committed for contempt of Court for delivering a certain objectionable speech and with reference to a. memorandum of some lawyers saying that President of High Court Bar Association had said nothing in impugned speech so as to amount to contempt of Court---Held : Article sought to create impression on public mind of President of Bar having said nothing as could be regarded as contempt of Court-Article not only pre­judged issue awaiting determination but created an atmosphere disposing people not to readily accept a contrary verdict of Court-- Situation tended to undermine people's confidence in administration of justice by Court.-[Contempt of Court]. Advocate-General v. Shabir Ahmad P L D 1963 S C 610 ; Attorney--General v. Abdul Hamid and others P L D 1963 S C 170 and Saadat Khialy v. The State P L D 1962 S C 457 ref. (b) Constitution of Pakistan (1973)- ----- Art. 203(2)(c)-Contempt of superior Court-Publication of impugn­ed article admitted-High Court concerned merely with ascertainment of effect likely to be produced by article on public mind-High Court's finding that impugned article did tend to prejudice determination of a matter pending before it, held, not faulty, in circumstances, and ca3e fell within mischief of Art. 204(2)(c).-[Contempt of Court]. (c) Constitution of Pakistan (1973)- --- Art. 204(2)(b) read with Explanation-Contempt of Superior Court3-Fair comments-Impugned newspaper article seeking to create impression that lawyers named in article prospered at expense of more competent and experienced lawyers merely for reason of being related to Judges of Court named therein and thereby insinuating that Judges concerned either favoured lawyers related to them in their professional work or were influenced in showing them favour because of their being related to their colleagues on Bench-Allegations made merely on basis of gossip, without verification and any justification-.Held: Yarn…
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