Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.XXXIX, R.2(3)---Constitution of Pakistan (1973), An.185(3) --- Leave to appeal was granted to consider whether order passed under O.XXXIX, R.2(3), C.P.C. was beyond the scope of R.2(3), O.XXXIX, C.P.C. (b) Contempt of Court--- ----Apology---Apology has to be offered and sincerely and as soon as possible---Apology after contesting the case and justifying the offending act and having been held guilty and convicted, would not demonstrate repentance and sincerity---Such apology would not necessarily purge the contempt--Apology would not provide the contemner with an absolute excuse for committing contempt by violating the order of the Court and he could not claim discharge as a matter of right---Apology could, depending on the facts, be taken into consideration in mitigating the offence of contempt---Factors to be considered in accepting apology enumerated. Ir re: Arif Nizami PLD 1971 SC 72 and Yousuf Ali Khan v. The State PLD 1971 SC 508 ref. (c) Contempt of Court--- ----Apology---Where the contemner justifies the act, contests the action initiated against him and on being unsuccessful files apology after the conviction unless some special reasons are made out, the Court will be slow to accept the apology at the late stage---Where no apology of ary nature was filed in writing by the contemner in the Court, it was orally mentioned by the counsel of the contemner, Supreme Court refused to accept the same. Raja Munawar and others v. The State 1990 SCMR 215 ref. (d) Civil Procedure Code (V of 1908)--- ----O.XXXIX, R.2(3)---Contemner justifying his defiance of injunction order and had never come forward to give an undertaking to demolish the offending construction raised by him after the order of status quo was passed---No question of giving the opportunity by Court to the defiant appellant to rectify the mistake thus arose. Bakhtawar and others v. Amin and others 1980 SCMR 89; Muhammad Salim v. Mohiuddin 1968 SCMR 557 and Hatim v. Shah Din PLD 1952 Lah. 77 distinguished. (e) Contempt of Court--- ---- Proceedings, nature of---Contempt of Court proceedings were sui generic in nature partaking of some of the elements of both…

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