Case Details

Citation(s)
2001 SLG 3020 = 2001 SLD 3020 = 2001 YLR 95
Lahore High Court
Criminal Original No.212‑W of 2001 decided on 21st June, 2001.
Presented By: Khawaja Muhammad Sharif, J
Javed Iqbal Arain and Mian Abdul Qadoos for Petitioners. Malik Abdus Salam and Muhammad Azam for
Respondent No. 1. Muhammad Hanif Khatana, Addl A.‑G. for
Respondent No.2. C.R Aslam and Shawar Khilji for Applicants.

ZAHID RASOOL and others‑‑‑Petitioners

VERSUS

MUHAMMAD NAJEEB and others‑‑‑Respondents

Law: Contempt of Court Act, 1976

Section: 3, 4

Law: Constitution of Pakistan, 1973

Section: 204, 199

(a) Contempt of Court Act (LXIV of 1976) Ss.3/4‑‑‑Constitution of Pakistan (1973), Art.204‑‑‑Petition for contempt of Court‑‑ High Court in its order directed respondent to put back the petitioners in possession of property within specified time, possession of which was taken over by the respondent forcibly with the help of statutory functionaries‑‑‑Respondent deliberately disobeyed the said order by not complying with the same despite there was no ambiguity in the order‑‑‑Respondent took the order of the Court so lightly that he did not even submit his reply to the contempt petition as directed by the Court‑‑‑Respondent subsequently submitted reply and did not ask for apology and it was only in the amended reply that respondent tendered his unconditional apology which amounted to admission of the charge against him‑‑ Respondent was not sincere in tendering the apology as same was to be offered at the earliest stage of the contempt proceedings, but the respondent had postponed till fag‑end‑ of the proceedings‑‑ Respondent, in circumstances, was guilty of committing contempt of Court‑‑‑Respondent was convicted and sentenced accordingly. Shahid Orakzai v. Pakistan Muslim League (Nawaz Group) 2000 SCMR 1969 ref. (b) Contempt of Court Contempt proceedings‑‑‑Contempt, matter being between the Court and the contemner alone, a stranger had nothing to do with such proceedings as the role of an informer would end once the Court would take cognizance of the matter at his. instance. (c) Constitution of Pakistan (1973) Art. 199‑‑‑Writ, scope of‑‑‑Writ was a command from a superior Court to inferior Tribunals or the Authorities which required instant compliance. (d) Contempt of Court Apology‑‑‑Conditions‑‑‑Apology must be offered at the' earliest stage of the contempt proceedings and could not be postponed till fag‑end of proceedings; must be unconditional, unreserved and unqualified, and should not only appear, but must also satisfactorily represent sincere and genuine remorse and should not be half‑hearted or mere formality and lastly the contemner should not endeavour to justify, his conduct. (e) Contempt of Court Purpose of contempt proceedings‑‑ Jurisdiction of…
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