| Citation(s) |
|---|
| 1961 SLG 2108 1961 SLD 2108 = 1961 PLD 237 |
Supreme Court of Pakistan
Criminal Appeals Nos. 15 and 16 of 1961, decided on 28th April 1961.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle Akbar, B. Z. Kaikaus, and Hamoodur Rahman, JJ
Criminal Appeals Nos. 15 and 16 of 1961, decided on 28th April 1961.
Criminal Appeals Nos. 15 and 16 of 1961, decided on 28th April 1961.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle Akbar, B. Z. Kaikaus, and Hamoodur Rahman, JJ
Criminal Appeals Nos. 15 and 16 of 1961, decided on 28th April 1961.
Criminal Appeal No. 15 of 1961 SIR EDWARD SNELSON, K. B. E., SECRETARY To THE GOVERNMENT OF PAKISTAN, MINISTRY OF LAW-Appellant
VERSUS
(1) THE JUDGES OF THE HIGH COURT OF WEST PAKISTAN, LAHORE (2) THE CENTRAL GOVERNMENT OF PAKISTAN Respondents AND Criminal Appeal No. 16 of 1961 THE GOVERNMENT OF PAKISTAN-Appellant versus THE JUDGES OF THE HIGH COURT OF WEST PAKISTAN, LAHORE AND SIR EDWARD SNELSON, K. B. E., SECRETARY TO THE GOVERNMENT OF PAKISTAN MINISTRY OF LAW-Respondents
Law: Constitution of Pakistan, 1956
Section: Art. 2 (1)
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 9th January 1961, in Criminal Original No. 66 of 1960.) Contempt of Court----- -----Jurisdiction of superior Courts of Record-Derives from Common Law of England-Appeal --Provided by Art. 159, Constitution of Pakistan (1956), continued in force by Art. 2 (1), Laws (Continuance in Force) Order (I of 1958). Laws (Continuance in Force) Order (I of 1958)----- ----Art. 2 (1) Constitution -of Pakistan (1956) (abrogated)-Continues in force in a state of "controlled animation." Contempt of Court------ ----Scandalizing the Courts-Offence cognate to legal wrongs : libel and slander. Libel-Essence------ ----Tends to "lower a person in estimation of right-thinking men"-Imputing unfitness to discharge an office Libel-Proof of "special damage" not necessary. It is of the essence of a libel that it tends to lower a person in the estimation of right-thinking men. Something in the nature of disparagement is necessary to constitute a libel. Generally, a libel carries something of the flavour of abuse . . . . Yet, it is possible that the mischief of disparagement maybe effected without resort to any abuse or other display of malice by distortion of language. In relation to a person's office, it is libel to impute any unfitness or want of ability to discharge his duties. Thus, it is libellous to impute total ignorance of law to a barrister. In cases of this kind, no proof of special damage is necessary, "special damag" meaning, in the context, some actual temporal loss. Libel----- ----Publisher of prima facie libellous material-Liable- Sending matter. libellous of High Court Judges, to Registrar of High Court -Equivalent to sending to Judges themselves. Contempt of Court------ ----Parties-Provincial Government to be party to proceedings before High Court, even though contempt, under investigation, is one by Law Secretary, Government of Pakistan-Duty of Provincial Government and Central Government to defend notice of contempt issued by High Court. …