Law: Constitution of Pakistan, 1973

Section: 12(2)

Law: Contempt of Court Ordinance, 2003

Section:

SUMMARY 

Constitutional jurisdiction—Article 204 Constitution—Contempt of Court—Alleged violation of status quo order—Execution of interim order—Nature of contempt proceedings—Requirement of clear, deliberate and willful disobedience—Disputed possession—No fresh construction found—Contempt not made out—Petition dismissed.

Petitioner alleged that respondents violated the status quo order dated 11.12.2023 by breaking the boundary wall of the disputed property and raising construction thereon. Respondents denied the allegation and claimed lawful possession. Pursuant to directions of the Court, the SHO visited the site and recorded that no new construction existed. Record further showed long-standing litigation between the parties regarding possession, with several orders of injunction having been granted, vacated, or modified in civil proceedings.

Held, contempt jurisdiction under Article 204 is sui generis, neither strictly civil nor criminal. While not governed by technicalities of the CPC or CrPC, superior courts must follow fundamental principles of natural justice and exercise this extraordinary power with great caution. For a finding of contempt, violation must be established, clear, deliberate, and willful, not inferred from disputed or ambiguous facts. Where possession is contested and no independent material substantiates allegation of fresh construction, contempt cannot be invoked. Mere allegation or suspicion without demonstrable disobedience is insufficient.