Law: Contempt of Courts Act (XII of 1926)

Section: 3

Contempt of Courts Act (XII of 1926)----S. 3-Scandalizing Court - Truth, justification and privilege-No defence in proceeding for contempt Legal practitioners are under no obligation to clients to make grave and scandalous charges against Court-Contempt proceedings can be initiated on motion by private party-Affidavit containing narration of acts and orders of Court accompanied by comments couched in objectionable language and attributing motives to Court-Contumacious Remarks must be visited with heavy hand - Contemner, a respectable educated lady, throwing herself at mercy of Court by tendering, at early stage, unqualified apology-Sentence of imprisonment riot called for-Person, however, Instead of feeling repentance or remorse, accentuating contempt by holding out arguments untenable at law - Conduct, reprehensible-To be punished heavily.   Israr Hussain v. Crown P L D 1954 F C 313 at p. 328; The State v. Abdul Gafur P L D 1963 Dacca 39; I L R 46 All. 121 ;"Aiyer's" Law of Contempt of Court (Third Edition 1964), p. 451 ; A I R 1952 Cal. 919 and State v. Muhsin Tirmizey P L D 1964 Lah. 434 ref.   In re: Subrahmanyam A I R 1943 Lah. 329 distinguished.   Dates of hearing: 6th and 13th April 1964.   JUDGMENT   This is a reference made by the learned District Judge, Karachi, recommending action under the Contempt of Courts Act (Act XII of 1926), against the respondents Mrs. Rose Collaco and Mr. Nathulal, senior practising lawyer of this Court.   2. The facts leading up to this reference are that Mrs. Collaco filed 4 Suit No, 512 of 1957, against one Haji Adam, the proprietor of a Transport Service and the Asian Mutual Insurance Co., claiming a sum of Rs. 5,000 as damages for the injuries inflicted on her by a Bus No. K. A. P. 4935 allegedly owned by Haji Adam on the 22nd of October 1955, in Karachi. This suit proceeded before the learned Sub-Judge First Class, Mr. Abdul Qadir Qazi on several hearings in the course of which evidence was recorded. That matter was set down for final decision on the 4th February 1961. Mr. Abdul Qadir Qazi was promoted as Additional District Judge before he could pronounce judgment and the…