Case Details

Citation(s)
2000 SLG 1112 2000 SLD 1112 = 2000 SCMR 1969 2000 SLD 1526 = 2000 SCMR 1969
Supreme Court of Pakistan
Criminal Appeal No. 162 of 1999, heard on 28-09-2000
IRSHAD HASAN KHAN, C.J., MUHAMMAD BASHIR, JEHANGIRI SH. RIAZ AHMED, CH. MUHAMMAD ARIF AND MUNIR A. SHEIKH, JJ

SHAHID ORAKZAI vsPAKISTAN MUSLIM LEAGUE (NAWAZ GROUP) and 8 others

Law: Constitution of Pakistan, 1973

Section: 204,187,185

Law: Contempt of Court Act, 1976

Section: 10(2-A),3 & 4

Law: Supreme Court Rules, 1980

Section: O.XXVI

Law: Criminal Procedure Code (V of 1898)

Section: 375, 428 & 540

Law: Civil Procedure Code (V of 1908)

Section: O.XLI, R.27

(a) Contempt of Court Act (LXIV of 1976)--S.10(2-A)---Constitution of Pakistan (1973), Arts. 204, 187 & 185--�Supreme Court Rules, 1980, O.XXVI---Contempt of Court---Proceedings for contempt of Court ---Nature---Suo rnotu review by Supreme Court--�Appeal to Supreme Court---Contempt proceedings are sui generis in nature, partaking some of the elements of both civil and criminal proceedings but constituting neither---No fixed formula exists for contempt proceedings and technical accuracies are not required nor Supreme Court is bound by the provisions of the Code of Criminal Procedure or by the technicalities of ordinary criminal proceedings which circumstance alone warrants re�examination/suo motu review of the evidence on record.Masroor Ahsan v. Ardeshir Cowasjee PLD 1998 SC 823; Saadat Khialy v. The State PLD 1962 SC 457; Qadiruddin v. Ghulam Yaqoob Bandey 1977 SCMR 477 at 478-A; Muhammad Ibrahim v. Syed Ahmad PLD 2000 SC 71; The State v. Mujibur Rehman Shami PLD 1973 Lah. 1 and State v. Abdur Rashid Tarkabagish PLD 1959 Dacca 252 ref.(b) Contempt of Court Act (LXIV of 1976)-------Ss. 3 & 4---Contempt of Court---Onus to prove---Proceedings for contempt of Court---Nature---Rule of criminal jurisprudence---Applicability---Contempt case in the matter of placing the onus is totally different from a case under criminal law, which presumes innocence of the accused and places the burden on the prosecution to establish the charge against him beyond any reasonable doubt whereas in a contempt case the onus is entirely upon the person charged to prove his innocence---Rule of criminal jurisprudence that if two views on the same evidence are plausibly possible, the one favouring the person standing trial should be preferred over the one against him, cannot be pressed into service in contempt proceedings as the same are not criminal proceedings stricto senso but are sui generis in nature partaking of some of the elements of both civil and criminal proceedings but constituting neither.Masroor Ahsan v. Ardeshir Cowasjee PLD 1998 SC 823 and State v. Khalid Masood PLD 1996 SC 42 ref.(c) Contempt of Court Act (LXIV of 1976)-------S.10(2-A)---Constitution of Pakistan…
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