Law:

Section:

RE: CONTEMPT OF COURT PROCEEDINGS AGAINS-1 GENERAL (RETD.) MIRZA ASLAM BAIG Per Muhammad Aftal Zullah CJ-; Wall Muhammad Khan, J. agreeing-- (a) Contempt of Court ---- Direct Contempt --- Nature of proceedings --- Duty of Court --- Judge who y ( brevi manu ), any attempt (Contempt) to interfere with the course of justice, actually performs his Constitutional and public duty --- Duty of a Judge sitting to punish the Court's own contempt, therefore, means to prevent and stifle any damage to public confidence in an important organ of the State and not the protection of the individual Judges --- No personal interest is, therefore, involved --- When the Judge takes up the proceedings or acts in response to direct contempt the proceedings are not to take the form of the trial and the same may be concluded brevi manu which means summarily and it was not necessary that there be a written charge, framing of issues, or to hold regular trial or examination and no proof is necessary when it is a case of direct contempt. (b) Contempt of Court--- ---- Direct contempt --- What amounts to--- Direct the Court immediately brevi manu (summarily). Written statement amounting to contempt of Court if presented before the Court, it is analogous to contempt committed in the presence and face of the Court. Thus in so far as the direct contempt is concerned there is not difference between the words spoken or acts done in face of the Court or statement submitted to it in writing. Similarly there is no difference in a case where contempt is committed in the face of the Court or where it is scandalized by a published, printed or written material. In this connection making of an irrelevant or scandalous attack in a pleading filed in Court is a direct contempt which can be dealt with immediately brevi manu. (c) Contempt of Court -Sedition and contempt -Distinction -[Sedition] A distinction between sedition and contempt has to be brought out. In the former the penal provisions are meant to protect the structure of the executive while the law of contempt is meant to stop and Punish any interference in the course of justice. Another aspect, however, is that while sedition is punished inter alia…

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