Law: Constitution of Pakistan, 1973

Section: 204

Contempt Jurisdiction-- ----Contempt jurisdiction is meant only for criminal proceedings against respondents, if Court is convinced that contempt of Court is so committed and no direction or amendment in any order can be made in this situation.[P. 697] B PLD 2014 Lahore 660. Constitution of Pakistan, 1973-- ----Art. 204--Contempt petition--Contempt of Courts Ordinance, 2003--Compliance of order--Land dispute between both parties--Contempt jurisdiction was confronted, during contempt proceedings, how a Settlement Deed arrived at between parties could be executed in contempt petition, however, on request and with consent of parties, matter was adjourned through orders noted above providing opportunities for arriving at an amicable settlement--In High Court’s opinion, order in W.P. cannot be taken as a decree, which could be executed by High Court in a contempt petition or otherwise--Even if petitioner’s contention that Settlement Deed becomes part of this Court’s order is considered, same cannot be enforced, for reason that terms of Settlement Deed were changed materially when petitioner accepted land in in lieu of original land and then raised objection that it was deficient by 17-marlas, which was in possession of third party--Upon going through above cited law and s on subject, it become crystal clear that while exercising jurisdiction under Article 204 of Constitution or under provisions of Contempt of Courts Ordinance 2003, Court can only ‘PUNISH’ contemnor and no more--Even if, for a while, this is presumed that Court could look into vires of an order passed in pursuance of its direction--It can only do same with perspective of punishing contemnor--Petition dismissed.[Pp. 696 697] A C PLD 2014 Lahore 660. JUDGMENT This petition is pending since 2013 seeking criminal proceedings against respondents for non-compliance of order dated 20.11.2009 in W.P. No. 11786 of 2003, operative part of which is reproduced: ‘4. Considering the contents of the application (C.M.No. 1/2009) alongwith which, the above affidavit has been filed,revisit the order dated 01.04.2009 and instead of the Administrator, the affidavit of the Secretary is accepted. As far as the other…

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