Law: Contempt of Court Act, 1976

Section: 3, 4

(a) Contempt of Court Act (LXIV of 1976) Ss. 3 & 4-Contempt of Court-Offensive accusations against counsel-Counsel as much entitled to protection of Court as any other officer of Court so that he can perform his duties fearlessly and without obstruction-Respondent describing applicant's counsel as a lunatic who lost his mental balance on account of curse of his real mother against whom he initiated criminal prosecution for very small financial benefit--Respondent also ascribing to applicant's counsel certain utterances of grossly base nature in reference to his mother and requesting for initiation of proceedings against such counsel under Lunacy Act-Application thus made not relevant to proceeding before trial Court and allegations made against counsel entirely irre levant for purpose of deciding matters in issue before civil Court- Civil Court further having no jurisdiction to entertain application under Lunacy Act and respondent, a member of legal profession, presumably knowing such legal position, inference irresistible that by filing application respondent intended to insult applicant's counsel and to intimidate him so that lie should withdraw from case--Such inference supported by respondents' pleas taken in his written statement-Respondent, held, committed gross contempt of Court. French v. French (English and Empire Digest. Replacement, Vol. 16, p. 44); In re: Johnson (1887) 20 Q B D 68; Muhammad Shafi v. Qadir Bakhsh P L D 1949 Lah. 392 and A. N. M. Mahmud v. M. O. Ghani P L D 1967 Dacca 67 ref. (b) Contempt of Court Act (LXIV of 1976) Ss. 3 & 4-Contempt of Court-Justification of contempt-Charac ter or antecedents of counsel-Not a matter in issue before Court- Party to litigation in circumstances cannot be permitted to make attack of personal nature against counsel-Truth or falsity of allegation, in circumstances, held, entirely irrelevant. (c) Contempt of Court Act (LXIV of 1976) S. 4-Contempt of Court-Provocation as justification-Contention that applicant's counsel having made accusations against him, res pondent as such got provoked into making remarks in consideration against such counsel-Respondent being an Advocate…