| Citation(s) |
|---|
| 1979 SLG 661 1979 SLD 661 1979 SCMR 600 |
Supreme Court of Pakistan
Criminal Appeal No. K 16 of 1970, decision dated: 11-08-1979.
KARAM ELAHEE CHAUHAN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
Iqbal Kazi, Senior Advocate Supreme Court and K. A. Ghani, Advocate-on-Record for Appellant. Usman i Ghani, Advocate General (Sind) and Noori Ahmad Noori, Advocate on-Record
Criminal Appeal No. K 16 of 1970, decision dated: 11-08-1979.
KARAM ELAHEE CHAUHAN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
Iqbal Kazi, Senior Advocate Supreme Court and K. A. Ghani, Advocate-on-Record for Appellant. Usman i Ghani, Advocate General (Sind) and Noori Ahmad Noori, Advocate on-Record
N. S. HOON
VS
ADVOCATE GENERAL, SIND, KARACHI
Law:
Section:
Constitution of Pakistan (1973) Art. 204 Contempt of Court Attempts to influence a witness to discard his duty as a witness or to warp mind of a possible witness clear contempt of Court Contemner during pendency of civil suit filed by him in High Court asking complainant to withhold from inform¬ation about a certain meeting and promising him in return to be treated more favourably in criminal case filed against him (complainant)-Complainant making two statements before Court, earlier statement being in form of laying information before Court, not intended to supply details and subsequent statement given as a witness Subsequent statement being quite detailed providing particulars, no discrepancy nor any improvement between two statements to be inferred ¬Complainant's statement corroborated by circumstantial evidence and failure of contemner to appear in witness box or file any affidavit in disproof of allegations Account of meeting sought by contemner to be withheld having great relevancy to civil suit, contemner's motive to see complainant's evidence not damaging him spelt out¬ Complainant's testimony having gone unrebutted and proved by circumstances, offence of contempt, held, made out High Court having made no mistake in believing complainant's statement, its view regarding credibility of complainant being not erroneous or based on no' evidence, no violation of any principle of law in matter of appreciation of evidence, nor any omission or misreading of record warranting interference by Supreme Court being pointed out, appeal dismissed. [Contempt of Court]. Nizam Din v. Muhammad Bux P L D 1958 Lah. 1042 ; Abdul Karim etc. v. Boota and another P L D 1956 Lah. 19 ; In re : Subrahmanyan, Editor `Tribune' and others A I R 1943 Lab. 329; Ashfaque Ahmad Sheikh v. State P L D 1972 S C 39 ; In re : Hooley : Rucker's case (1898) 79 L T 306 ; Welby v. Still (1892) 66 L T 523 and In re : B. (J. A.) (an infant) (1965) 2 All E R 168 ref. JUDGMENT KARAM ELAHEE CHAUHAN, J. The appellant was convicted for contempt of Court by a judgment and order of a learned Single Judge of the High Court of Sind & Baluchistan, Karachi, dated 3 6 1970, and sentenced to pay a fine of…
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