Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)------Art. 199---Constitutional jurisdiction of High Court under Art.199 of the Constitution---Nature of proceedings. Whether the proceedings were civil or not depends upon the nature of the subject-matter of the proceedings and its object and not on the mode adopted or the forum provided for the enforcement of the right. Proceedings, which deal with a right of civil nature do not cease to be so merely because the writ is said to be enforced by having recourse to the writ jurisdiction. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi PLD 1970 SC 1 rel. (b) Contempt of Court Act (LXIV of 1976)------Ss. 3, 4 & 7---Constitution of Pakistan (1973), Art.204---Contempt of Court---Superior Courts are not bound by the provisions of Civil Procedure Code, 1908 or Criminal Procedure Code, 1898 or by the technicalities of ordinary criminal proceedings or civil proceedings in dealing with a contempt matter---Basic requirement in such cases is the ascertainment of truth by providing the contemner a fair hearing to defend himself---Principles. Admittedly, the Code of Civil Procedure regulates civil proceedings but the contempt proceedings are neither civil nor criminal and it partakes both. The power exercised by the Court in contempt proceedings is in the nature of special jurisdiction. Section 7 of the Contempt of Court Act, 1976 lays down a procedure for Supreme Court and High Court. Where it is necessary in the interest of effective administration of justice to proceed against a contemner, he may be proceeded against by getting forth the substance of the charge against him and the ground on which he is charged with contempt of Court and calling upon him to show cause why he should not be punished, after holding such enquiry and taking such evidence as the Court deems necessary. A bare perusal of section 7 of the Act indicates that section 12(2), C.P.C. is not applicable to proceedings initiated under the Act. Clause (3) of Article 204 of the Constitution provides that the exercise of the power conferred on a Court may be regulated by law and subject to law by rules made by the Court. The superior Courts are not bound by the…

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