Law:

Section:

(a) Contempt of Court Ordinance (IV of 2003)---Ss. 17(3), 3 & 19---Intra court appeal---Disobedience of court directives---Framing of charge---Scope---To formulate a 'prima facie' opinion the court is not required to consider all the facts in depth, rather it has to satisfy itself whether there exists an arguable case---Under S.3, Contempt of Court Ordinance, 2003 a person can be proceeded against for contempt of court if he disobeys or even disregards any Order of a Court, which he is legally bound to obey---Want of guilty intent and the wilfulness (or otherwise) of disobedience of court directives and other averments in the appeal raise questions of fact that warrant a detailed enquiry based on evidence---By virtue of being distinct elements of the defence set up by the appellant, both need to be assessed on the facts and on the basis of such evidence as is adduced before the competent forum, the trial Bench---Such factual defences have not and could not have been addressed and answered in a preliminary hearing and by not discussing and adjudicating upon such defences at preliminary juncture the trial Bench acted as per directives of law---Trial Bench may have prejudiced the outcome of the case by giving a conclusive verdict on the merits of the appellants' defences since such would have been issued without having evaluated the necessary evidence---Admitted position, in the present case, therefore, constitutes a sufficient basis for the 'prima facie' satisfaction expressed by the trial Bench, to proceed further in the matter by framing a charge; appellant will have the right to rely on his arguments and produce evidence in support thereof before the trial Bench. Justice Hasnat Ahmad Khan v. Federation of Pakistan PLD 2011 SC 680 ref. (b) Contempt of Court Ordinance (IV of 2003)--- ----S. 17---Non-compliance of court directives---Preliminary hearing under S.17(1), Contempt of Court Ordinance, 2003---Nature---Framing of charge---Scope---Where non-compliance of a court directive is not disputed, the court is, prima facie, justified in the satisfaction that the matter should proceed to trial---Show cause notice under S.17 of the Ordinance can, of course, be…

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