Law: Constitution of Pakistan, 1962

Section: 123

(a) Constitution of Pakistan (1962) Art. 123-Contempt of Court-Persons not parties to case but fully aware of Court's order-May yet be held liable for contempt of Court if they wilfully disobey such order. Abdul Karim etc. v. Boota and another P L D 1956 Lah. 19 rel. (b) Constitution of Pakistan (1962) Art. 123-Contempt of Court-Contempt proceedings-Quasi-criminal in nature-Benefit of every doubt should go to accused-No order whatsoever made by Court regarding maintenance of structural position of disputed property but status quo ordered to be maintained in respect of petitioner's possession and payment of rent to them -Persons making structural alterations in property, held, did not in circum. stances, disobey Court's order and therefore, no contempt of Court was committed. Date of hearing: 3rd July 1970,   JUDGMENT This petition under Article 123 of the 1962-Constitution prays that the respondents be punished for contempt on the ground that during the subsistence of a status quo order passed by the High Court in favour of the present petitioner in Writ Petition No. 366/R of 1969 respondents 1 and 2 had carried out certain structural alterations at the instance of respondent No. 3, so as to make it appear that the nature of the property was different from what the petitioner was alleging it to be before the Settlement Courts. It may be stated that the dispute is about a shop situate on Hall Road, Lahore. 2. The writ petition had come up before the then Chief Justice on the 24th of April 1969, when it was admitted and an interim order was made to the effect that "meanwhile, status quo to be maintained". Subsequently, the question of the interim relief to be afforded to the petitioner again came up before the Court on the 8th of February 1970 and it was directed that the tenants occupying the property shall continue attorning to the party to whom they were attorning on the 24th of April 1969, i.e., the date on which the ad interim status quo order was made. The allegation in the present application is that although respondents 1 and 2 are not parties to the main petition, yet they were fully aware of the status quo order made by this…