Case Details

Citation(s)
2000 SLG 826 2000 SLD 826 2000 SCMR 751 2000 SLD 1238 2000 SCMR 751
Supreme Court of Pakistan
Criminal Miscellaneous No.27 of 1998, decision dated: 14-05-1999
NASIR ASLAM ZAHID, MUNAWAR AHMED MIRZA AND ABDUR REHMAN KHAN, JJ

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STATE

VS

TARIQ AZIZ, M.N. A. and 6 others

Law:

Section:

(a) Contempt of Court-------- Suspicion without proof---Effect---Contempt proceedings being in the nature of criminal proceedings, suspicion without proof beyond reasonable doubt could not sustain a criminal charge. (b) Contempt of Court--Actions of raising banners and slogans against the judiciary by crowd/mob with intention to disturb the proceedings of the Court and forcing their (mob/crowd) way inside the premises, within the building and finally up to the floor next to the Court room---All such actions amounted to flagrant contempt of Court---Evidence on record did not specifically point out any of respondents to the extent that it could be said that the case against any of them had been established beyond reasonable doubt---Defendants, therefore, were entitled to acquittal under law---People not coming forward to give evidence nominating specific persons involved in rowdyism/violence that had taken place in and around the Supreme Court premises, and building, despite a large number of on-lookers, visitors and officials and also members of the Press being present, was deprecated---Supreme Court observed that it should be endeavour of every Government in power to strengthen the institute of judiciary and to jealously guard its independence and not to weaken the same---Government in power should ensure that incidents of rowdyism/violence or of like nature are never allowed to be repeated and the judiciary is as jealously guarded against such attacks as the Parliament. (c) Constitution of Pakistan (1973)--- ----Arts. 175 & 2A---Judiciary---Strong and independent judiciary is sine qua non for a sovereign Islamic State---Concept of sovereign Islamic State minus a strong judiciary is unimaginable---Judiciary is heart of freedom and independent judiciary represents the difference between civilization and savagery---If the Judiciary of a country is stripped of its powers, the country would cease to exist as a free nation. (d) Contempt of Court--- ---- Contempt proceedings---Procedure---Case of contempt of Court is not decided on tile principle of preponderance of evidence like civil disputes before Court---Conviction in criminal cases follows the findings of…
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