[Contempt of Court Act, LXIV of 1976]
What is contempt. In contempt of Court there must be involved some "act done or writing published calculated to bring a Court or judge of a Court into contempt or to lower his authority" of some thing "calculated to obstruct or interfere with the due course of justice or lawful process of the Court." (PC) PLD 1951 PC 23 Arthur Regionald Perera v. King.
What is contempt of Court under Article 204 of the Constitution and Contempts of Court Act LXIV of 1976 Sections 3 & 4. It is to disobey or disregard an order, direction or process of Court which a person is legally bound to obey; wilful breach of an undertaking given to a Court; any act intended to or which tends to bring the authority of Court or the administration of law into disrespect or disrepute and to obstruct, interfere, or prejudice the process of law or the due course of any judicial proceedings falling within the category of contempt of Court. Respondent sentenced to 6 months S.I. and fine of Rs. 5000/- 1997 SCMR 193, Naveed Nawazish Malik v. Ghulam Rasul Bhatti etc.
Three kinds of contempt. (1) Scandalising the Court, (2) Abusing the parties who are concerned in the causes, (3) Prejudicing mankind against persons before the cause is heard. The offence of contempt may be committed if the writer of the offending publication knows or would have known that the cause would be put before a Court. (DB) 47 Cr.LJ 115 Emp. v. Khushal Chand 221 IC 195.
Purpose of contempt proceeding is not to wreak vengeance but to vindicate honour of the Court, so as to keep the public confidence in superior Courts undiminished. (SC) PLD 1975 SC 490 Taj Din.
Purpose of contempt proceedings is to rehabilitate dignity an honour of Court and these are never intended to avenge personal insults. When respondents were truly sorry and repentant for publishing a totally false report concerning honourable Chief Justice and did their best to mitigate their offence by publishing a detailed apology at a prominent place in their news paper, held, it is not appropriate to take any further action against respondents apart from issuing them a severe warning. Notice discharged. PLJ 1993 S.C. 793 State v. Sultan J. Qureshi etc.
Object of contempt proceeding stands clearly achieved once the contemner submits sincere and unconditional apology. (SC) PLD 1973 SC 525 Fakhre Alam.
Contempt of Court: A very comprehensive judgment giving origin and legislature history of law for contempt of Court in the cub-continent of India and Pakistan with interpretation and analysis of the provisions of such legislation. PLD 1998 SC 823, Syed Masoor Ahsan etc. v. Ardsher Cowasjee, etc.
Procedure for contempt of Court not prescribed by law. High Court Judge who pronounced orders did not hear a part of evidence. No prejudice to accused alleged. Contention repelled. (FC) PLD 1955 FC 98 Abdul Rashid v. Mehr Falak Sher.
Contempt of Court proceeding are quasi-criminal, measure of proof of facts charged same as in criminal cases. (DB) PLD 1953 Pesh. 26 Fazil Elahi.
Proceedings of contempt of quasi-criminal nature,benefit of every doubt should go to the accused. PLD 1971 Lah. 278 Supra. Truth of assertion is no defence in a case of contempt of Court. (FB) PLD 1973 Lah. 1 State v. Mujeebur Rehman Shami etc. Contra (SC) PLD 1977 SC 482 Yousaf Ali Khan. PLJ 1977 SC 449.
Person not party to original proceedings cannot be held guilty of contempt of Court. PLJ 1996 S.C. 1616, Naveed Nawazish Malik v. Ghulam Rasul Bhatti etc.
Contempt proceedings criminal in nature. All doubts to be excluded before recording conviction. (SC) 1977 SCMR 475 Qadiruddin etc. v. Ghulam Yaqub.
Judge of a superior Court is not answerable to contempt of Court allegations. (FB) PLJ 1973 Lah. 150 Mujeebur Rehman Shami v. A Judge of the High Court. PLD 1973 Lah. 778.
Process for contempt cannot be issued by one Judge to another. Contempt proceedings cannot be taken up to satisfy private grudge. Dismissed in limine, (7 Judges) (DB) PLD 1973 Lah. 778 Mujeebur Rehman Shami v. A Judge of the Lahore High Court. PLJ 1973 Lah. 150.
Contempt proceedings not desirable when criminal case registered for violation of status quo order. (SC) NLR 1981 Cr. 289. Said Ali v. Govt. of Punjab.
Attack of fairness and impartiality of High Court while acting administratively is also punishable as contempt. Contempt is not limited to improper criticism of judicial act. PLD 1964 Lah. 434 State v. Mohsin Tirmizy.
Requesting transfer of case from High Court Judge on the ground that because of his relations with the Chief Judge he may not feel embarrassed held, is not contempt of Court. PLD 1977 SC 482 Yousaf Ali Khan.
Counsel's prayer to Court to mention in Court's order cases cited by him, and to certify case as fit for appeal to Supreme Court. Words and tone of prayer "not Courteous" is "possible" contempt. (DB) PLD 1962 Lah. 332 Niamat Ali v. Rehabilitation Commissioner.
Criticism of Judge in his "administrative capacity" amounts to contempt known as "scandalising" the Court. (FB) PLD 1964 Lah. 661 State v. Mir Abdul Qayum.
Fair comment. The right of fair comment is now recognised in explanation to Cl. (2) of Art. 204 of the Constitution. (SC) PLD 1976 SC 713 Hakam Qureshi v. Judges of Lahore H.C.
Breach of law,matter of concern to "the Court" rather than an individual. Judges presumed to be above personal considerations in matter of contempt. PLD 1961 Lah. 78 State v. Sir Edward Snelson. Contempt of Court defined. State v. Abdul Latif (DB) PLD 1961 Lah. 51.
Fair comment. Criticism of Judge, by itself is not contempt. Criticism which interferes with administration of justice by shaking public confidence in Courts or by scandalising the Court is indictable. (SC) PLD 1961 C 237 Snelson, (SC) PLD 1977 SC 482 Yousaf Ali.
Courts not entitled to silence truth, judges are not immune from all criticism. Plea of bias in the judge temperately worded and pressed in respectful manner and without any publicity does not amount to contempt. PLD 1977 SC 482 Yousaf Ali Khan.
Judges and Courts open to fair criticism. (DB) PLD 1961 Lah. 51 State v. Abdul Latif.
Scandalous statement against judges: when criticism is not tainted with malice, regarding the appointment of judges, no action under Article 204 of the Constitution would be called for as Article 19 of the Constitution guarantees freedom of expression. PLJ 1994 Cr.C. (Kar.) 468, Suleman Habib Ullah v. Editor Daily Jang and others.
Literary licence. Offending article, humorously and facetiously seeking to describe difference between a judge and an executive officer regarding the allotment of a house. Contemner on receipt of notice tendering apology. Held, High Court's approach to the contents of the article wholly erroneous. (SC) PLD 1973 SC 525 Fakhre Alam.
Counsel's failure to appear at resumed hearing of case in disobedience of order of Court. Held, no contempt. (PC) PLD 1953 PC 46 Jospeh O. Izuorr v. Queen.
Delay in transmission of petitions from prison to Judicial Commissioner's Court is contempt of Court. (DB) PLD 1953 Pesh. 72 Mohammad Hashim Khan v. Crown.
Disobedience of prohibition order. Mere knowledge of existence of such order is enough to constitute contempt irrespective of service of order. PLD 1956 Lah. 19 Abdul Karim v. Boota.
Violation of stay order. When an advocate informed Tehsildar that High Court had issued stay order the Tehsildar should have obeyed the order. On violation of the order High Court sentenced Tehsildar to imprisonment till the rising of the Court and fine of Rs. 2,000. Supreme Court dismissed the appeal. NLR 1982 Cr. 1 Agha Rashid Ahmad.
Stay Order operates from the day it is passed and not when it is communicated to the party concerned. Judgment orders of Federal Shariat Court set aside as violative of stay order. 1993 SCMR 1523, State v. Sajjad Hussain etc.
Contempt of Court, forging order of Court: After inquiry Supreme Court sentenced the accused to 3 months' S.I. and fine of Rs. 5,000/- 1984 SCMR 539. Mohammad Ayub Khan. 1984 SCMR 608. Munshi Mohammad Sharif.
Ground taken by counsel in revision petition, based on incomplete statement of facts or erroneous view of law. Held no contempt. (FC) PLD 1955 FC 11 M.A. Naqvi.
Holding out dire threats to legal practitioner in case he appeared for certain accused. Held, contempt of serious nature. OLD 1953 Lah. 137 M. Falak Sher v. Abdul Rashid.
Magistrate deliberately disobeying directions of High Court. Contempt serious. Apology half hearted at late stage not regarded as genuine. PLD 1955 Lah. 229 Ghulam Jilani v. Abdul Hayee Khan.
Resolution by members of Bar, regarding a matter which was subject of Court proceedings, in absence of knowledge of pendency of such proceedings is no contempt. (FB) PLD 1956 Sindh 84 Crown v. Bar Association, Sukkur.
Technical contempt. Court should not take cognizance at instance of private party unless party satisfies Court that matter published tended substantially to interfere with due course of justice. (DB) PLD 1953 Lah. 579 Lahore Improvement Trust v. Aziz Beg.
Vilification of party to pending suit in newspaper article amounts to contempt. (DB) PLD 1955 Sindh 410 Chuharmal v. Khub Chand.
Writing letter to magistrate to release accused on bail is contempt. PLD 1955 Sindh 377 Crown v. Muhammad Taqi.
Police Officer obtaining remand order by misrepresenting the facts and also not getting the accused medically examined "immediately" as directed by the magistrate amounts to abuse of the process of the Court and is contempt. PLD 1958 Lah. 88 State v. Hafeez Ahmed.
Police inspector disobeying order of Court and tendering unconditional apology when charged u/Ss. 3 and 4 of Contempt of Courts Act, 1976, lenient view taken and contemner sentenced to fine of Rs. 1,000 or in default to suffer 2 weeks S.I. (DB) PLJ 1992 Cr.C. (Kar.) 240, Ali Hassan v. SHO Khairpurt etc.
SHO, inspector police, 3 ASIs and 9 other police officials punished for contempt of Court when they misbehaved with the High Court bailiff and made false statements. Belated apology made for which lenient view was taken. PLJ 1994 Cr. C. (Lah.) 298, State v. Abdul Rehman Wattoo.
Advocate acting as official receiver writing to Government to influence High Court in regard to his functions as receiver in the suggested manner is a calculated and inexcusable contempt. (SC) PLD 1958 SC (Pak.) 425 S.A. Maquith.
Conduct of the accused falling under section 228, P.P.C. held High Court has no jurisdiction for proceeding in the case. The accused behaved with the Judge while he was doing administrative work, held not contempt committed. (SC) 1969 P.Cr.LJ 920 Ikramullah.
Advocate in transfer application making wild allegations against presiding officer, held guilty of grossest contempt. (SC) PLD 1970 SC 350 Yousaf Ali Khan.
Administrative and judicial functions of High Court even functions not strictly within those two categories are covered by Article 123 of 1962 Constitution about contempt. (SC) PLD 1971 SC 230 Mir Abdul Qayum v. The Chief Justice and others.
Persons not parties to the case but fully aware of Court's order may be held liable to contempt of Court if they wilfully disobey such order. PLJ 1971 Lah. 278 Dr. Mazhar Ali Hashmi v. Abdul Qadir etc.
Aiding or abetting the disobedience of Court's order. (Application under sections 2 and 3 of Contempt of Courts Act XII of 1926 and Article 204 of Pakistan Constitution 1973). aiding or abetting the disobedience of an injunction of civil Court is punishable by High Court. Apology is only and extenuating circumstance. A magistrate sentenced to imprisonment till the rising of the Court and fine of Rs. 1,000 in spite of apology. (DB) PLJ 1975 Cr.C. (Lah.) 1; PLD 1975 Lah. 126 Iftikhar Ali v. Javid Dastgir.
Affidavit in a transfer application scandalising a Judge. Presumption is that the man intends the natural consequences of his act. The intention is to scandalise. (FB) PLD 1952 Sindh 1 Crown v. Abdul Aziz.
Affidavit with transfer application scandalising a Judge of Chief Court, held a grossest form of contempt. No privilege to such document. Justification of the allegations in the document never a good defence. Apology if genuine is a mitigating circumstance. (FC) PLD 1954 FC 313 Israr Hussain v. Crown.
Allegation against police who are not a party before the Court is no contempt of the Court. PLD 1953 Lah. 137 Mehr Falak Sher v. Abdul Rashid.
Allegations in newspaper against Judge undermining dignity of Court, may amount to contempt even if true. Apology with plea of justification is not genuine. PLD 1955 Bal. 16 Khalilur Rehman.
An act which interferes or has a tendency of interfering with due course of justice constitutes offence. But minor omissions or even inaccuracies in reports will not justify action by the High Court. (FB) PLD 1950 Lah. 22 Crown v. Faiz Ahmad Faiz.
Any conduct which tends to bring authority of law into disrespect or disregard or to interfere with or prejudice parties etc, constitutes contempt of Court. Counsel may legitimately submit before an appellate Court that the order of a subordinate Court is wrong, foolish or even perverse, but a magistrate saying. "This is a foolish order, passed by a foolish subjudge and secured by a foolish lawyer", certainly amounts to contempt of Court. (FB) PLD 1949 Lah. 392 Muhammad Shafi v. Qadir Bakhsh.
Smoking outside Court-room is not contempt of Court. PLJ 1991 Cr.C. (Kar.) 208. Ghulam Shabbir.
Advocate writing matter amounting to contempt of the High Court in his grounds of appeal before the Federal Court. High Court has jurisdiction to deal with the matter. (FB) PLD 1953 Lah. 188 S.M. Haq.
An affidavit should accompany and application to initiate proceedings for contempt where factual matters are in doubt. (DB) PLD 1953 Pesh. 17 Fazal Elahi
Undertaking given by the party or the counsel to the Court when not complied with amounts to contempts of the Court. (FB) PLD 1976 Lah. 580 Kishwar Sultan Jahan Begum v. Aslam Avais etc. PLJ 1976 Lah. 296.
Undertaking to Court and undertaking to parties inter se. Undertaking between parties at a compromise on the basis of which Court passes decree is not an undertaking with the Court, hence non-compliance of which is not contempt of Court. If a party promises to Court or gives an undertaking to Court which is recorded or on basis of such undertaking order is passed then breach of such undertaking is contempt of Court. PLJ 1996 S.C. 1616, Naveed Nawazish Malik Vs. Ghulam Rasul Bhatti.
Taking out procession and displaying placards, held amount to gross contempt of Court in the circumstances of the case. (DB) PLD 1976 Lah. 355 State v. Sh. Shaukat Ali etc.
Criticism of judge. Judges and Courts are alike open to criticism and if reasonable argument or expostulation is offered against any judicial act as contrary to law or public good, it is not a contempt of Courts. (DB) 8 Cr.LJ 426 Re Narsinha C. Kalkar.
Defamation of a judge not affecting administration of justice. The judge has ordinary remedy for defamation. There is no contempt of Court when there is no criticism of a judicial act of a judge. (PC) 46 Cr.LJ 318 Debi Prashad v. K.E. 210 IC 111; AIR 1943 PC 202.
Rude remark overheard by the Court, however vulgar it may be, when not addressed to the Court it cannot be made subject of an offence under section 228, Penal Code, 44 Cr.LJ 181 Hakumat Rai. 204 IC 299.
"Injunction" obtained on false statement. Petitioner sentenced to one month's R.I. Petitioner released on bail by the Supreme Court. Petition dismissed after 5 years. The Supreme Court considered it too late to send the petitioner back to jail after 5 years. Accused sentenced to fine of Rs. 1,000 instead of imprisonment. (SC) 1976 SCMR 354 Muhammad Munshi.
Arrest by police of applicant of bail before arrest in the High Court is a contempt of the Court. PLJ 1976 Lah. 5. Niaz Muhammad etc. PLD 1976 Lah. 10.
Failure to obey process of Court when other methods of enforcing the process are available does not amount to contempt of Court, unless it is shown that the alleged contemner is deliberately out to flout the orders of the Court. (SC) PLD 1962 SC 476 Bahawal.
Release of prisoner. Order by Court to be complied with at once without any delay. Unlawful detention amounts to defiance of Court order and is contempt of Court. 1979 P.Cr.LJ Note 63, Mahmood Hassan v. Chairman, Summary Military Court.
Duty of party towards Bench. A legal practitioner should place a matter before the Court in a manner of submission and couched in traditional language of Courtesy. (SC) PLD 1976 SC 94, Rashid Murtaza.
Interruption of Judge, even in Chamber proceedings while engrossed in writing order amounts to contempt. (SC) PLD 1966 SC 94 Rashid Murtaza.
Disobedience of an injunction order, capable of being dealt with under C.P.C. (V of 1908), O.XXXIX rr. (2, 3 and 4). Not a fit subject for exercise of High Court's summary jurisdiction to punish contempts. (SC) PLD 1966 SC 802 M.O. Ghani v. A.N.M. Mahmood.
Contempt of Court and Parliamentary rights and privileges under the Constitution. Full Court judgment by Supreme Court PLJ 1999 SC 273 Syed Masroor Ahsan v. Ardeshir Cowasjee, etc.
Newspaper. Editor's ignorance of publication of no avail. Editor responsible for every thing published in newspaper (SC) PLD 1963 SC 001 Advocate-General v. Shabbir Ahmed.
" Editor, Manager, Printer, Publisher, Staff Reporter, all liable, for contempt. (SC) PLD 1962 SC 457 Saadat Khialy.
" Expression of opinion in newspaper on question of law involved in litigation is a contempt. Knowledge of pendency of proceedings is not a necessary ingredient of offence. (SC) PLD 1963 SC 610 Advocate-General v. Shabbir Ahmad.
Newspaper article suggesting that the magistrate was susceptible to influence and had aligned himself with one of the parties in a case pending before him, held, the trend of writing constituted contempt of Court. Intention of accused held, irrelevant. (SC) 1969 P.Cr.LJ 979 H.M. Naseer.
Publication of contents of petition instituted in Supreme Court by newspaper. Scandalous nature of pleadings scandalising Judges of High Court is contempt. (SC) PLD 1963 SC 170 Attorney-General v. Abdul Hamid and others.
Publicity of contempt is not essential as in defamation. Sending contemptuous letter to Judge is contempt. Pendency of case is not necessary. (DB) PLD 1961 Lah. 51 State v. Abdul Latif.
Newspaper article, matter sub judice. Newspaper article discussing sub judice matter, held is contempt of Court. (SC) PLD 1976 SC 608 Manzoor Ahmad Malik v. Judges of Lahore High Court.
Proceedings against subordinate Courts for something having appearance of indiscipline is not desirable. (SC) PLD 1958 SC (Pak.) 169 Abdul Hayee Khan.
Proceedings to enforce order of mandamus is permissible only where mandamus is of an absolute character. Order reinstating Government servant is not of such character. Enforcement by commitment for contempt disapproved. (SC) PLD 1959 SC (Pak.) 147 The State of Pakistan v. Mehrajuddin.
A Deputy Rehabilitation Commissioner under the Pakistan Rehabilitation Act is not a Court within the meaning of Contempt of Courts Act (XII of 1926). PLD 1958 Lah. 153 Masood Ahmed v. Saeed Saigol.
Police officer disobeying pre-emptory orders of High Court is a grave contempt. Unqualified apology tendered at earliest opportunity not accepted. (SC) PLD 1961 SC 186 Abdul Hamid.
Police Officer disobeying the High Court order and not showing proper respect to the Court sentenced to one month's S.I. and fine of Rs. 5,000. NLR 1988 Cr. 279 State v. Muhammad Arif.
Reprimand is recognised mode of punishment "where offence is not grave." (SC) PLD 1963 SC 237 Muhammad Samiullah.
Contempt and apology. There are two cases of tender of apology. In apology before conviction contemner may be discharged, and punishment can be remitted when apology is made after conviction. 1973 P.Cr.LJ 876 Yousaf Ali Khan.
Contempt of Court notice issued to the petitioner and his counsel for concealing certain facts. Unqualified apology accepted and notice discharged. PLJ 1984 SC 411. Abdul Hayee v. Sardar Muhammad etc.
Apology consists of acknowledgement of commission of contempt and expression of regret for it. Court will not accept apology of doubtful sincerity (FB) PLD 1955 Sindh 1 Israr Hussain v Crown.
Apology not unconditional cannot be considered. (SC) PLD 1963 SC 10 G.S. Gideon.
Contempt of Court unconditional apology and submitting to the mercy of the Court; sentence till the rising of the Court and fine of Rs. 2,000/- each and in default of payment of fine to suffer 7 days imprisonment. (FB) PLD 1999 Lah. 131 State v. Sami Ullah and 16 others.
Unconditional apology tendered for contempt of Court by two respondent MPAs. As the contempt was grave and the Court was maligned the apology was accepted to the extent of sentence. The accused were sentenced to imprisonment till the rising of the Court and fined Rs. 2,000 each and in default of payment of fine to suffer 7 days imprisonment. (FB) PLJ 1999 Cr.C. (Lah.) 611 State v. Sami Ullah etc.
Apology not a complete defence to charge of contempt of Court, but is only a mitigating circumstance. (SC) PLD 1977 SC 545. Sher Ali v. Zahoor Ahmed. PLJ 1977 SC 410.
In spite of unconditional apology, when the contempt committed was very serious, "gravest conceivable slander" against Court and Judges, the contemner was awarded 6 months S.I. (DB) PLJ 1992 Cr.C. (Kar.) 272, Registrar High Court Sindh v. Editor "The News" etc.
Apology. No person "so great as to regard offer of apology as being beneath his dignity". (FB) PLD 1964 Lah. 661 State v. Mir Abdul Qayum.
Apology qualified. Expression of sorrow tendered before Supreme Court for contempt of High Court not accepted. Publication of contempt by Provincial Government, but apology by the Central Government, held of no effect (SC) PLD 1961 SC 237. Edward Snelson v. Judges of the High Court of West Pakistan.
Disparaging remarks against Chief Justice of Pakistan. In a letter addressed to the Head of the State. On show-cause notice remarks withdrawn and unconditional apology tendered. Apology accepted. PLJ 1977 SC 258 Federation of Pakistan v. Yousaf Ali Khan.
Contempt of Court, unqualified apology tendered and the accused begged for mercy of the Court, held, grace lies in showing indulgence to the accused. Notice discharged. PLJ 1990 Cr.C. (Lah.) 617. State v. Addl. Chief Secretary.
Contempt of Court on feeling sorry and throwing himself at the mercy of the Court the accused was sentenced to imprisonment till the rising of the Court instead of S.I. for one month. 1992 SCMR 276, Muhammad Naeem.
Grace lies in showing indulgence and accepting unqualified apology in contempt of Court proceedings when the contemner places himself at the mercy of the Court. LR 1991 Cr. 25 State v. Mr. Muhammad Pervaiz Masood, Addl Chief Secretary.
Unqualified apology. Acceptance of apology is for the Court concerned however the Supreme Court reduced the sentence to a fine of rupee one. (SC) 1975 SCMR 106. Muhammad Waris.
Unqualified apology tendered and petitioner placing himself at the mercy of the Court, held, grace lies in forgiving rather than convicting such contemner. Police officer had tried to arrest accused from the Court of Chief Justice. NLR 1988 Cr. 481. Miss Kishwar Zaidi etc.
Unqualified apology to the Court by the editor who also published apology in the magazine, the accused let off with warning and imprisonment till the rising of the Court. (FB) PLJ 1986 Cr.C. (Kar.) 373 U. Naimat Maulvi v. Khalid M. Ishaq Advocate etc.
Apology tendered to High Court in contempt of Court notice u/Ss. 3 and 4 of the Contempt of Courts Act. Notice discharged. PLD 1955 Lah. 147. The State v. Editor etc of Daily Muslim, Islamabad. does not purge the contempt altogether. Tender of unqualified apology amounts to admission of guilt. In the instant case the S.H.O. respondent had not registered the F.I.R. on the direction of the High Court. High Court took lenient view and awarded one month's simple imprisonment and fine of Rs. 4,000 NLR 1982 Cr. 411 State v. Rana Muhammad Akram. Also see NLR 1982 Cr. 416 Farida Begum v. Sher Ali Khan.
Apology for contempt of Court is not acceptable when it is not unconditional and an attempt is made to justify the action. Contemner an Adll. Sessions Judge allowed bail when it had been refused by High Court. Contemner fined Rs. 10,000 or to undergo imprisonment for one month. PLJ 1987 Cr.C. (Lah.) 279 State v. Tathir Hussain Sherazi.
Tender of unqualified apology by the contemner amounts to admission of all allegations, made in the contempt application. (DB) PLJ 1975 Cr. C. (Lah.) 282. Sh. Zahoor Ahmed v. Sher Ali. 1977 P.Cr.LJ 852.
Apology effect of. Stage when made and whether sincere. Apology by itself does not render contempt excusable or entitle the contemner to discharge as of right. Apology is merely an extenuating circumstance if unqualified and made with a desire to make amends for the wrong done. Acceptance of apology is to be done on the guidelines laid down in the case of A.K.M.A. Awal. PLD 1964 SC 562 and other factors. The apology should be made at the earliest opportunity. (FB) PLD 1976 Lah. 373 Habib Wahab v. Sh. Shaukat Ali.
Apology to appellate Court, cannot be accepted. The Supreme Court cannot accept apology in respect of the contempt of other Courts. Supreme Court can however reduce the sentence. (SC) PLD 1975 SC 484 Mujib-ur-Rehman Shami. PLD 1975 SC 490.
Police Officer convicted for contempt of Court for misbehaving with the bailiff of the Court. In appeal to the Supreme Court the police officer tendered unqualified apology genuinely and sincerely. Conviction and sentence set aside by Supreme Court. 1990 SCMR 215. Raja Munawar etc.
Essentially between Court and contemner is the matter of contempt. If the concerned Court does not want to proceed the Supreme Court would not interfere. PLD 1979 SC 912 West Pakistan WAPDA.
Appellant directed to approach High Court again as he did not have an opportunity to engage a counsel to defend himself. Whether the apology is genuine only contemned Judge is best to decide. Co-convict, the principal offender was pardoned by the Provincial Government. (SC) PLD 1976 SC 449 Muhammad Younas. PLJ 1976 SC 331.
Intention of contemner is immaterial, when the act done by him lowers the dignity of the High Court and brings the High Court into hatred, ridicule or contempt. The lack of intention is material in relation to penalty. Sentence of S.I. reduced to already undergone and fine increased to rupees two thousand in the ends of justice. (SC) PLD 1976 SC 608 Manzoor Ahmad Malik v. Judges of High Court.
Contempt of Court proceedings against a doctor quashed, as the certificate issued was not meant for production before any Court, nor it was false. 1995 SCMR 1708, Dr. Muhammad Shafi Zehri etc. PLJ 1995 S.C. 584.
Release on probation of good conduct. Provision of probation of Offenders Act (XLV of 1960) attracted to punishment for contempt of Court. PLD 1975 Lah. 635 State v. Muhammad Ashraf.
Costs. In a contempt case costs were ordered to be paid by the accused to amicus curiae and also to the petitioner. (DB) PLD 1976 Lah. 355 State v. Sh. Shaukat Ali etc. (FB) PLD 1976 Lah. 373 Habib Wahab v. Sh. Shaukat Ali.
Strong and independent bar is essential for efficient judicial system in any modern state. It is the unquestioned right and privilege of the members of the Bar to boldly and respectfully present the controversy in question. A Subservient bar acting as "yesman" to an erring judge will make him err all the more. A point of view strongly advanced by the counsel indeed held the judge to think over the pros and cons of the matter and come to right decision. The right should be exercised in the Courts and not in the streets. (SC) PLD 1976 SC 713 Hakam Qureshi.