Law: Constitution of Pakistan, 1973

Section: 204

Law: Contempt of Court Ordinance, 2003

Section: 3,4,17(3)

(1) Section 3, 4 and 17 of the Contempt of Court Ordinance, 2003 (2) The charge cannot be framed without providing opportunity of preliminary hearing to the alleged contemnor under Section 17 (3) of the aforesaid Ordinance. Summary The court found procedural lapses in contempt proceedings initiated under Article 204 of the Constitution and the Contempt of Court Ordinance, 2003. Section 17(3) of the Ordinance requires a preliminary hearing before fixing a date for framing of charge, but the Single Judge set the framing date without affording that opportunity. The Division Bench also overlooked this defect. Consequently the Supreme Court set aside the High Court orders to the extent of the contempt proceedings, left the contempt application pending, and remitted the matter so the High Court can conduct a proper preliminary hearing and then decide whether a prima facie case exists. Core points  Contempt application filed under Article 204 Const. PAK and Sections 3–4 Contempt of Court Ordinance, 2003. Single Judge fixed date for framing charge (11.12.2024) without holding preliminary hearing. Nazir’s report and affidavits were placed but no preliminary hearing or opportunity to be heard occurred. Division Bench in HCA No. 484/2024 failed to address this procedural defect. Section 17(3) Ordinance mandates a preliminary hearing before fixing date for framing charge. Supreme Court set aside the High Court orders (30.10.2024 and 19.11.2024) insofar as contempt proceedings. Contempt application remains pending; High Court must first hold a preliminary hearing and then decide if a prima facie case exists before proceeding. Law and section Law Section What it says / relevance Constitution of Islamic Republic of Pakistan, 1973 Article 204 Gives courts power to punish for contempt. Contempt of Court Ordinance, 2003 Section 3 Defines contempt and covers contempt proceedings. Contempt of Court Ordinance, 2003 Section 4 Provides the procedure for initiating contempt action. Contempt of Court Ordinance, 2003 Section 17(3) Before framing charge, the alleged contemner must be given a preliminary hearing; if prima facie satisfied, the court then fixes a date for…