Law: Contempt of Courts Act, 1926

Section: 2,3

Contempt of Court-Magistrate deliberately disobeying dirt ions of High Court-Contempt serious-Apology--Half hear a at late stage-Whether availing. Held, on facts, there was a flagrant disregard of the order of the High Court and of the interpretation of that order the Sessions judge, which, as a Court of inferior jurisdiction was binding on the respondent Magistrate. After the of the Sessions judge, it was not open to 19­ respondent to put any other interpretation on the order of the High Court. His subsequent action could therefore only be interpreted as being mala fide. The law takes a very serious view of contempts the orders of the superior Courts by the Courts having inferior jurisdiction. A half hearted apology tendered at a late stage, while a plea of justification had been taken in the written statement of the respondent could not be regarded a genuine one. JUDGMENT ABDUL Aziz KHAN, J.-On the 23rd of September 1954 a petition was presented to this Court by Ch. Ghulam, Jilani praying that a notice should be issued to Mr. Abate Hayee Khan, Magistrate 1st Class, Lyallpur, to show cause why he should not be committed to prison or otherwise dealt with in accordance with law for deliberately and wilfully disobeying the order of this Court passed in Criminal Miscellaneous No. 551 of 1954 dated 23rd of July 1954 and there committing a contempt of this Court. The admitted facts of the case are that a case w registered under section 436 of the Pakistan Penal Code by the City Police Lyallpur on the 22nd of June 1954 at the instance of Ghulam Jilani Petitioner against one Qasim Beg who, after his arrest, was released on bail by the Additional Distrkr Magistrate on the application of the Public Prosecutor, t)°t learned Sessions Judge, by his order dated the 15th of rule, 1954, cancelled the order of the Additional District Magistracy enlarging the accused on bail. Qasim Beg (accused) came to this Court against this order of the learned Sessions Jud D The Honourable the Chief Justice upheld the order of the learned Sessions Judge and rejected Qasim Beg's petition on the 23rd of July 1954 observing. "I would leave the question of bail to be decided by the trial…

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