Law:

Section:

Penal Code (XLV of 1860), S. 228-Impugning impartiality or justice of Court to its face constitutes gross contempt-Terms of S. 526 Cr. P. C. in so far as they allow raising the question of fairness or impartiality of Court in connection with a transfer application will not excuse attack on fairness or justice of Court, made in an application for adjourn­ment submitted to the trial Court. The petitioner in an application for adjournment to move for transfer had said that he had absolutely no hope of justice from the Court and prayed that he might be granted an adjournment so that the petitioner could get a just decision in the case. Held: To impugn the impartiality or justice of the Court to its face, constitutes gross contempt and amounts to deliberate insult to the Court. Further, that the contention was unacceptable that because of the provisions of section 526 of the Code of Criminal Procedure, the inclusion of the offending words in the adjournment petition submitted to the trial Court could not in law constitute contempt. It would depend on the circum­stances of each case whether an insult was intentionally offered to the Court or not and the fact that it is quite unnecessary in law to give reasons for making a prayer for adjournment to move for transfer of the case, is a factor to which due weight must be attached in that connection. The motive may be to press a defence and yet it may be coupled with an intention to insult the Court. However excellent the motive may be, if the words constitute an offence, the motive would not make them lawful. In cases where the words used and the absence of necessity for including insulting suggestions in an application for adjournment, clearly suggest that there was an intention to insult the Court, such fact should not be passed over in silence. JUDGMENT S. A. RAHMAN, C. J.-This order will dispose of Criminal Revision No. 306 of 1954 which has arisen in the following circumstances. A case under sections 148, 323 and 324 P.P.C. was pending against Lai Din and four others in the Court of Captain Ahmad Saeed, Magistrate 1st Class, Sialkot. After the conclusion of the evidence in the case. it was fixed for arguments to be…

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