| Citation(s) |
|---|
| 1965 SLG 58 1965 SLD 58 1965 PLD 28 |
Supreme Court of Pakistan
Criminal Appeal No. 24 of 1964, decision dated: 22nd October 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4-05-1964, in Criminal Original No. 7 of 1964). dates of hearing : 21st and 22nd October 1964
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ (2) THE CHIEF, JUSTICE AND, JUDGES OF THE HIGH COURT OF WEST PAKISTAN, LAHORE--RESPONDENTS
A. K. Brohi Senior Advocate Supreme Court (Muhammad Zafar Syed and M. H. Khondker Senior Advocates Supreme Court and Daud 1yas Advocate Supreme Court with him) instructed by M. Siddiq Senior Attorney for Appellant. S. Nasir-ud-Din Advocate General West Pa
Criminal Appeal No. 24 of 1964, decision dated: 22nd October 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4-05-1964, in Criminal Original No. 7 of 1964). dates of hearing : 21st and 22nd October 1964
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ (2) THE CHIEF, JUSTICE AND, JUDGES OF THE HIGH COURT OF WEST PAKISTAN, LAHORE--RESPONDENTS
A. K. Brohi Senior Advocate Supreme Court (Muhammad Zafar Syed and M. H. Khondker Senior Advocates Supreme Court and Daud 1yas Advocate Supreme Court with him) instructed by M. Siddiq Senior Attorney for Appellant. S. Nasir-ud-Din Advocate General West Pa
Syed MOHSIN TIRMIZY, DISTRICT AND SESSIONS JUDGE, DERA GHAZI KHAN
VS
(1) THE STATE AND (2) THE CHIEF JUSTICE AND JUDGES OF THE HIGH COURT OF WEST PAKISTAN, LAHORE
Law: Constitution of Pakistan, 1962
Section: 123
Constitution of Pakistan (1962), Art. 123-Contempt of Court-Scandalizing High Court-Argument based on division ;between administrative and judicial functions of High Court loses fall force in view of provisions of Art. 123-Contemptuous material 0ontained in District and Sessions Judge's letter to Chief Secretary, Provincial Government-Libel of gravest character Plea of truth "wholly irrelevant"-High Court taking judicial notice of contempt, held, "entirely proper". In the face of plain words of Article 123, Constitution of Pakistan (1:962) which contain no qualification as to the capacity in which the Court acts, the argument based upon a division between the administrative functions of the High Court and its judicial functions seems to lose all its force. There is no question now, in view of the definition given to this particular class of contempt by the Constitution itself, that provided the reference is to the Court or to a Judge of the Court, as such Court or as such Judge, and it has the effect of scandalizing the Court, that is to say, lowering it in general esteem, or attracting to the Court or any Judge, feelings of hatred ridicule or contempt, the contempt is established and immediately invites punishment. As a part of the judiciary, a District and Sessions Judge had a strong interest, and a corresponding duty, to maintain the dignity and majesty of the Courts, in particular of the High Court. The appellant had suffered the misfortune of being placed under disciplinary enquiry subject to the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, by order of the Provincial Government, made at the instance of the High Court. Being called upon to show cause against the proposed enquiry, he wrote a letter to the Chief Secretary of the West Pakistan Government, in closing paragraph of which he mace allegations of malice, etc. Held, that this was a libel of the gravest character. As a contempt its truth could not be pleaded. Whether there was any title of truth in the plea was wholly irrelevant. The action of the High Court in taking judicial notice of the contempt, and after a hearing, visiting it with punishment was one which was both…
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