Law: Contempt of Courts Act, 1926

Section: S. 3

Contempt of Courts Act (XII of 1926), S. 3, first proviso--- Principles governing acceptance of apology-Summons issued to Advocate to appear to give evidence in case before High Court ---Advocate f fling to appear owing to pre-occupation with a Sessions case-Contempt of Court-Apology tendered at earliest stage accepted-Contemner, however, burdened with costs of State counsel.   The State v. S. W. Lakitullah P L D 1959 Dacca 84 ; In re Muhammad Wasim, an Advocate A I R 1933 Oudh 118 and The Crown v. A. Rafique and others A I R 1950 Sind 1 ref. JUDGMENT   FAIZULLAH KHAN, J.-This Rule was issued suo motu by this Court against Mr. Munawar Khan (hereinafter to be referred to as the respondent), an Advocate of this Court, and an M.P.A., practising at District Headquarters, Bannu, to show cause why he should not be dealt with for contempt of this Court. The notice issued to the respondent was in the following terms :-   "Whereas you were summoned as witness for Mr. Attaullah Khan, Pleader, Bannu, in Contempt of Court Case "State v. Mr. Attaullah Khan", to appear in this Court on the 22nd of May 1963, and give evidence on behalf of said Mr. Attaullah Khan and whereas the summonses were personally served on you, but you instead reported that you were unable to attend this Court on the said date as you were engaged in a cross Sessions Case, the trial of which was to be held by the Sessions Judge at Bannu ; and so you asked to adjourn the aforesaid Contempt of Court Case for your evidence to some other date and failed to attend this Court on the date fixed ; and whereas your this conduct appears, prima facie, to be amounting to a disobedience of the order of this Court and as such the contempt of this Court. Notice is, therefore, hereby given to you to appear personally in this Court on 31-5-1963 at 7-30 a.m. at Peshawar, and show cause why you should not be proceeded against and punished for the offence of the contempt of the High Court, Peshawar Bench, Peshawar.   Given under my hand and seal of this Court dated this 23rd May 1963.   (Sd.) Shah Nawaz, Additional Registrar."   The respondent was personally present in the…