Sunday, 29 March 2015

Contempt of Court Judgment against Lawyer

PLJ 2006 Lahore 434
[Bahawalpur Bench Bahawalpur]
Present: Sh. Hakim Ali, J.
Mst. TAHIRA KAUSAR--Petitioner
versus
S.H.O. etc.--Respondent
W.P. No. 2018 of 2005/BWP, decided on 27.7.2005.
Constitution of Pakistan (1973)--
----Art. 204--Contempt of Court Ordinance (I of 2004), S. 3--Contempt of Court proceedings against Advocate--Party wanting to get its case prolonged or transferred hired services of Mr. Riaz Hanif Rahi, Advocate who did not adopt legal way for transfer of cases, but under hand and illegal means to get cases transferred by mere filing of power of attorney in those cases--Cases in question, wherein such method was being adopted were enumerated by Court and same were pending--Such practice cannot be approved with blessings in as much as such practice was opening door of malpractice, corruption and undermining of authority of Court--Advocate concerned, manner and method of arguing case would indicate over awing and threatening Court with effort to low down and bow down the Court before him and to yield to his request at any cost--Disrespectful, disgraceful and spiteful attitude to get his desired goal is being adopted by him--Advocate such conduct prime facie, prove commission of contempt of Court--Show-cause notice was served upon Advocate concerned to explain his acts and conduct as to why contempt of Court proceedings, which prima facie were committed by him, should not be initiated/commenced against him under Art. 204 of the Constitution and Contempt of Court Ordinance 2004 and be punished for that.           [Pp. 440 & 441] A, B & C
PLD 1971 SC 72; PLD 1976 SC 713; PLD 1961 Dacca 153 and
PLD 1966 SC 94 ref.
Mr. Ahmed Mansoor Chisti, Advocate for Petitioner.
Mr. Riaz Hanif Rohi, Advocate for Respondent No. 2/Appellicant in R.A. No. 3-2005 BWP.
Ch. Shafi Muhammad Tariq, A.A.G. for Respondents.
Date of hearing : 27.7.2005.
Order
Do Justice is an easy word to say, but difficult for a Judge to do justice in an atmosphere, in which a member of Bar is out to frighten a Judge by his aggressive acts, conduct, exposure, and through bickering of spoken words, overawing attitude, threatening writings and speeches, using irresponsible, irrelevant words, provocative, repulsive, rebuffing, disrespectful, disgraceful words and sentences, hateful, contemptuous, scornful, insultive language, disturbing the Court by interfering into its proceedings, not allowing the Judge to regulate the proceedings of his Court, adopting stubborn attitude, maligning the dignity and honour of a Judge, poking nose into the personal affairs of a Judge, and displaying himself a champion for the rights of others, by lowering the honour and respect of a Judge, wasting the precious time of Court by extraneous, unrelated, immaterial words and giving arguments having no nexus with the case, filing frivolous applications, conducting cases without any legal justification, superseding another engaged learned counsel after alluring the litigant to get the desired result in any event, thrusting upon the Judge with threatening voice and in such a manner that the Judge be compelled either to accede to his dictative predetermined decision or be in such a frightened state of depression so as to leave the Court room. Whether a judge in such an atmosphere can do justice needs answer, because all the above noted facts, gestures, words, and acts are some of examples and kinds of conduct to which a learned member of Bar cannot claim privilege and exemption, and a Court cannot grant to a learned Advocate a licence to do the above noted deeds and actions, as these are stumbling blocks in the smooth, and speedy doing of justice.
2.  A child of law (accused) is a protected person but not a child of Bar (learned Advocate/a member of Bar). The former is considered to be an innocent at its inception unless proved otherwise, while the latter has to explain his derogatory and contemptuous actions and has to claim lawful exemptions after proving the bona fides of legally justified permissions.
3.  With heavy heart, I am dictating and passing this order with the following facts. One Mst. Tahira Kausar, a young lady, had approached this Court, by invoking the writ jurisdiction of this Court, beseeching the exercise of extra ordinary jurisdiction of this Court, when she had felt that her contract of marriage with Kausar Abbas, Respondent No. 3, on 14.5.2005, which she had solemnized with her own will and free consent, was being endangered by her father Muhammad Ibrahim, Respondent No. 2, a police official, through lodging of FIR No. 100/2005, with Police Station City C-Division, Rahimyar Khan, under Sections 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with Section 34 of the PPC. She had prayed for the quashment of that FIR through the writ petition, to save her marital contract and to keep it intact, by claiming that she being a sui juris girl of the age of 19 years, had contracted marriage with Kausar Abbas, Respondent No. 3, with her own wishes, who belonged to another caste of Korai Baloch. That this act and contract of marriage of the petitioner was disliked by her father, who was putting pressure to harass and humiliate the petitioner and wanted to get annulled that marriage contract. The collusiveness of SHO, Respondent No. 1 of the above noted Police Station, with Respondent No. 2 was also alleged in the above noted writ petition. At the time of arguments, it was brought to the police of this Court that Respondent No. 2, Muhammad Ibrahim, father of aforesaid lady, because of his influence in the Police Department was using his post and privileges as a vehicle, to get the desired results. In these circumstances, on 13.6.2005, this Court had summoned the Investigating Officer for 20.6.2005, on which date, Investigating Officer was present in person. Para-wise comments were got submitted from that SHO/I.O. by Respondent No. 2, although those were never called for. Learned Advocates of the petitioner as well as of Respondent No. 2 (Muhammad Ibrahim) were present on that date. After hearing the learned counsels, the Investigating Officer was directed to record the statement of Mst. Tahira Kausar, petitioner outside the Court room and to collect all those documents, which she wanted to produce before him. After recording of the statement of the petitioner, the Investigating Officer sought a short adjournment so as to complete the investigation and probe further into the matter, which request was allowed and date of 13.7.2005 was fixed.
4.  Before 13.7.2005, an application in the shape of Review, under Order 47 Rule 1 read with Sections 114 and 151 of the CPC was filed by Muhammad Ibrahim, Respondent No. 2, through Mr. Riaz Hanif Rahi, learned Advocate in the office on 12.7.2005. This review application was got fixed for 13th of July 2005. Before the commencement of Court working, Mr. Riaz Hanif Rahi, learned Advocate stood up and asked the Court to take up his application first. Learned counsel was politely replied to take his seat and to appear when his turn would come up. At the time of call of the review application in urgent motion, the learned Advocate started commanding the Court with disrespectful attitude to transfer his case to another learned Bench because as per learned counsel, this Court had committed an excess of its jurisdiction and the impugned order of getting examined the lady was passed without jurisdiction. This Court went on listening the speech of the learned counsel which was without any relevance to the case. The learned Advocate was repeatedly asked as to why this case be transferred or entrusted to another learned Bench. At last, the answer came out from the learned Advocate with very scornful, contemptuous tone and as the Court had already passed an order on 21.6.2004 in Writ Petition No. 2027-2004/BWP (Citi Council versus Province of Punjab etc.) that the cases of Mr. Riaz Hanif Rahi, Advocate might not be fixed before this Court, so, that case must be transferred to another Bench. Learned Advocate was further asked as to how a review application can be heard by another learned Bench when it was filed by him for the review of an order passed by this Court in a pending case. There was no answer to it rather attitude was threatening. As the learned Advocate was shouting and repeating the same arguments by stating that he had got a fundamental right to be heard in the case and that this Bench must not hear this case. So, due to wasting of time with repetition, a few learned Advocates, at this stage, stood up and asked Mr. Riaz Hanif Rahi, learned Advocate to allow the others to attend their cases and to get his turn after regular business was done, if he wanted much time to address the Court with his arguments. They also requested this Court to grant time to Mr. Riaz Hanif Rahi, Advocate after the urgent and regular work was over. As the precious time of the Court was being wasted, so in these circumstances, Mr. Riaz Hanif Rahi, Advocate was asked to appear and argue his case at about 1.15 p.m. This Court after having a long and heavy list of cases and due to rush of work was able to take up the case at about 1.40 p.m. But the learned Advocate blatantly refused to argue the case by stating that it was 1.40 p.m., and he was not ready to argue the case. Although the refusal to argue the case and attitude was against decorum of the Court yet to grant an opportunity to the learned Advocate, the case was adjourned to 18.7.2005.
5.  Before that date i.e. on 14.7.2005, another application Bearing No. 1641-2005/BWP was filed by Mr. Riaz Hanif Rahi, Advocate under Section 151 of the CPC read with Article IV of the Code of Conduct issued by Supreme Judicial Council. On 18.7.2005, again learned counsel stood up against his turn and asked the Court to decide this application first before proceeding further in the case. The same words and actions were repeated by the learned counsel, which also annoyed some of the learned members of the Bar, sitting in the Court room. Again the request was made by them to grant time to the learned Advocate after the remaining cause list was exhausted. At about 1.30 p.m. the case was taken up and the learned Advocate was allowed time at this choice. The learned Advocate asserted that he would like to get a decision upon C.M. No. 1641-2005/BWP first. He referred to Article IV of the Code of Conduct and read out that Article in the Court. As to how that Article of the Code of Conduct was relevant, nothing was stated by him. An objection was made by him that the office was directed by this Court on 21.6.2004 in W.P. No. 2027-2004/BWP not to fix the cases of the learned Advocate before this Court, but the office had fixed this case. Upon repeated insistence of the learned Advocate, it was told by this Court to the learned Advocate that he had himself filed review application, so it was necessary to be fixed before this Court and as the aforesaid order of this Court was an administrative order to its own office, so, the learned Advocate could not get any premium in the case for transfer from this Court to another learned Bench on the basis of that order. The learned Advocate was directed to argue the main case as well as the review application but he deviated from that course and stated in the following words :--
6.  Learned Advocate was heard in spite of his scaring, scorning remarks, and shouting voices, trying to over awe the Court, making efforts to dictate his will, as he had already preconceived and pre-decided it for the transfer of case, at any cost. Learned Advocate some time referred to fundamental rights as enshrined in the Constitution of the Islamic Republic of Pakistan, 1973 and on the other occasion read out the Code of Conduct framed by the Supreme Judicial Council under Article 128(4) of the Constitution. In nutshell, the stress and insistence of the learned counsel was for the transfer of the case to another learned Judge. Learned counsel was asked to apply/approach to the proper higher forum for such transfer, if it was necessary for him, but the learned Advocate displayed stubborn, disgraceful, spiteful, insultive attitude and wasted about two hours in which the references to Supreme Judicial Council made were in fact threatening the Court to accede to his dictates and transfer the case or to face the consequences.
7.  These actions, conduct and arguments of the learned counsel, were opposed by the learned counsel for the writ petitioner and it was explained by him that in fact Respondent No. 2 (Muhammad Ibrahim), who is a police serving employee and is posted as Reader of DSP (Legal), wanted to get replaced the statement of Mst. Tahira Kausar (writ petitioner), on the record by bringing the statement of his own choice and of his whims from the one which was recorded by the Investigating Officer outside the Court. Resisting the prayer of transfer, it was stated by him that there was no ground to accede to the request of transfer of the case. It was also stated by the learned counsel that to insist and to say for the transfer of the case from this Court to the other learned Court or Bench, was also a contempt of Court, which was being committed by the learned counsel for Respondent No. 2. It was further argued by the learned counsel that such tendency might be discouraged and should not be appreciated and encouraged. Submitting to the Court, the learned counsel stated that no relevant discussion/grounds or arguments were addressed by the learned counsel for Respondent No. 2, namely, Mr. Riaz Hanif Rahi and the derogatory, indecent and contemptuous attitude, should be discouraged and the frivolous applications, filed by Mr. Riaz Hanif Rahi, Advocate should not only be dismissed but the contempt proceeding be initiated against him as well as against Respondent No. 2.
8.  Learned AAG fully supported the arguments of the learned counsel for petitioner.
9.  The insistence of the learned counsel and the attitude, which was adopted by him on the previous dates of hearing in this case, led me to think that why such an insistence was being made for the transfer of the case. So, the office was directed to place all the cases, in which the learned counsel had been trying to get those cases transferred from this Court by mere filing of his power of attorney and had got the cases transferred. The office has presented the following cases:--
(i)            C.R. No. 541-D-1994/BWP (Muhammad Iqbal etc. vs. Shuja-ud-Din Khan etc.)
                This case was fixed in this Court on 11.1.2005, 1.3.2005 and 7.4.2005. On 15.4.2005, power of attorney was submitted on behalf of respondents Shuja-ud-Din Khan and two others by Mr. Riaz Hanif Rahi, Advocate although Ch. Masood Ahmed Bajwa, Ch. Abdul Mustafa Nadeem and Ch. Shafi Muhammad Tariq. Advocates were already representing the aforesaid respondents.
(ii)           W.P. No. 193-2005/BWP (Malik Atta Muhammad vs. DIG etc.).
                The case was pending and being fixed in this Court. Sardar Zafar Iqbal, Advocate was already appearing on behalf of respondents but on behalf of Respondent No. 6 (Malik Khuda Bakhsh, ASI) power of attorney was presented on 6.4.2005 by Mr. Riaz Hanif Rahi, Advocate.
(iii)          Crl. Appeal No. 8-2002/BWP (Nazir Ahmed vs. The State).
                This appeal was fixed in this Court on 18.11.2003 and 15.3.2004 when on behalf of Nazir Ahmed, appellant power of attorney was submitted on 13.4.2005 by Mr. Riaz Hanif Rahi, Advocate.
(iv)          C.R. No. 378-2003/BWP (Mehmood Ahmed vs. Muhammad Irshad etc.)
                Respondents Nos. 1 and 2 were being represented by Raja Muhammad Sohail Iftikhar, Advocate when power of attorney was submitted by Mr. Riaz Hanif Rahi, Advocate on 24.5.2005.
10.  From the above noted cases, it has come to my notice that Mr. Riaz Hanif Rahi, Advocate has, in fact, invented a mechanism to get the cases transferred from this Court by mere filing of his power of attorney on behalf of a party. It also depicts that any party, if due to some reasons wants to get the case prolonged or transferred, in that event, services of Mr. Riaz Hanif Rahi, Advocate were being hired for this purpose, who was rendering it with great happiness. In other words, the legal way is not being adopted for the transfer of cases, but the under hand and illegal means are being practiced by the learned counsel prima facie, to get the cases transferred by mere filing of power of attorney in a case. It may be noted here with concern that all the above noted cases are those cases, which were pending and during the pendency of those cases, those were sought and got transferred, through the above mentioned mechanism, therefore, this practice cannot be approved  with  blessings  because  it  is  opening  a  door  of  malpractice,  corruption and undermining the authority of the Court. Rather it has to be deprecated and discourage, the office is directed not to place the case of Mr. Riaz Hanif Rahi before any other learned Bench merely by filing of his power of attorney in any case pending before this Court in future.
11.  As regards the manner and method of arguing the case, addressing the Court, threatening and over awing the Court with efforts to low down and bow down the Court before him and to yield to his request at any cost, the interruption in the working of the Court, the disrespectful, disgraceful and spiteful attitude towards the Court, so as to compel the Court to do what the learned counsel wants the result of the case, the contemptuous wording used in the Review Application No. 3 of 2005 and its filing before this Court, prima facie, prove the commission of contempt of Court. The insistence of Mr. Riaz Hanif Rahi, Advocate and his asking to The Court, to transfer the case and the filing of C.M. No. 1641-2005/BWP, referring the Code of Conduct issued by Supreme Judicial Council, all these facts tantamount to hurling threats to accede to the dictates of the learned counsel or to face the consequences before the Supreme Judicial Council. The above noted Urdu words and sentences are also displaying as to how the learned Advocate wanted to get his desired result from this Court. It may be noted that to ask a Judge of a superior Court to transfer the case to another learned Bench and not to hear the same is a gravest type of contempt of Court, particularly when no cogent reason is advanced. If the learned counsel is not satisfied with the decision of this Court, he can approach the superior Courts. But the learned Advocate has got no absolute privilege. He cannot make submissions in a manner, not approved in the traditional nature of courtesy, which is due to the Court. PLD 1996 S.C. 94 (Rashid Murtaza Qureshi vs. The State). Duty of lawyer is to uphold the prestige and honour of the Court and not to indulge in making statements, derogatory or insulting to the Presiding Officer. PLD 1961 Dacca 153 (The State vs. Delwar Hussain). Exposure has to be in a decorous and respectful language. PLD 1976 SC 713 (Hakam Qureshi President, District Bar Association, Lahore and 2 others vs. The Judges of the Lahore High Court through the Registrar and another). Lowering the authority of a Judge, interfering with a administration of Justice, scandalizing the character of a Judge, quality of word and imputing improper motive are the instances of contempt. PLD 1971 SC 72 (In re: Arif Nizami and 2 others (In the matter of Contempt of the Supreme Court).
12.  All the above decisions have guided me to serve a Show Cause Notice upon the learned Advocate, Mr. Riaz Hanif Rahi to explain his acts and conduct as noted above as to why contempt proceedings, which prima facie, were committed by him before and in the view of this Court, as noted above, should not be initiated/commenced under Article 204 of the Constitution of the Islamic Republic of Pakistan, 1973 read with Contempt of Court Ordinance No. I of 2004 and he may not be punished for that.
13.  Separate file or contempt proceedings be opened, kept and maintained by the office by retaining the copy of judgment in the file.
(A.A.)  Order accordingly.

The Contempt of Court Ordinance, 2004


An Ordinance to regulate the exercise of the powers of Courts to punish for Contempt of Court
[Gazette of Pakistan, Extraordinary, Part I, 15th July, 2004]
F.No.2(1)/2004-Pub., dated 15th July, 2004.---The following Ordinance promulgated by the President is, hereby published, for general information:---
Whereas clause (3) of Article 204 of the Constitution of the Islamic Republic of Pakistan provides that the exercise of the power conferred on Courts to punish for contempt may be regulated by law;
And whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:---
1.      Short title, extent and commencement.---(1) This Ordinance may be called the Contempt of Court Ordinance, 2004.
(2)     It extends to the whole of Pakistan.
(3)     It shall come into force at once and shall be deemed to have taken effect from the 15th day of April, 2004.
2.      Definitions.--- In this Ordnance; unless there is anything repugnant in the subject or context,---
(a)         “civil contempt” means the willful flouting or disregard of,---
(i)           an order, whether interim or final, a judgment or decree of Court;
(ii)         a writ or order issued by a Court in the exercise of it Constitutional jurisdiction;
(iii)       an undertaking given to, and recorded by, a Court;
(iv)       the process of a Court;
(b)         “criminal contempt” means the doing of any act with intent to, or having the effect of, obstructing the administration of justice;
(c)          “judicial contempt” means the scandalization of a Court and includes personalized criticism of a Judge while holding office;
(d)         “notice” means a notice other than a show-cause notice issued by a Court;
(e)          “pending proceedings” means proceedings which have been instituted in a Court of law until finally decided after exhausting all appeals, revisions or reviews provided by law or until the period of limitation therefore has expired:---
         Provided that the pendency of an execution application shall not detract from the finality of the proceedings.
(f)           “personalized criticism” means a criticism of a Judge or a judgment in which improper motives are imputed; and
(g)         “superior Court” means the Supreme Court or a High Court.
3.      Contempt of Court.---Whoever disobeys or disregards any order, direction or process of a Court, which he is legally bound to obey; or commits a willful breach of a valid undertaking given to a Court; or does anything which is intended to or tends to bring the authority of a Court or the administration of law into disrespect or disrepute, or to interfere with or obstruct or interrupt or prejudice the process of law or the due course of any judicial proceedings, or to lower the authority of a Court or scandalize a Judge in relation to his office or to disturb the order or decorum of a Court, is said to commit “contempt of Court”. The contempt is of three types, namely, the “civil contempt”, “criminal contempt” and “judicial contempt”.
4.      Jurisdiction.---(1) Every superior Court shall have the power to punish a contempt committed in relation to it.
(2)     Subject to subsection (3), every High Court shall have the powers to punish a contempt committed in relation to any Court subordinate to it.
(3)     No High Court shall proceed in cases in which an alleged contempt is punishable by a subordinate Court under the Pakistan Penal Code (Act XLV of 1860).
5.      Punishment.---(1) Subject to subsection (2), any person who commits contempt of Court shall be punished with imprisonment which may extend to six months simple imprisonment, or with fine which may extend to one hundred thousand rupees, or with both.
(2)     A person accused of having committed contempt of Court may, at any stage, submit an apology arid the Court; if satisfied that it is bona fide, may discharge him or remit his sentence.
Explanation.--- The fact that an accused person genuinely believes that he has not committed contempt and enters a defence shall not detract from the bona fides of an apology.
(3)     In the case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility therefore shall extend to the persons in the company directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.
(4)     Notwithstanding anything contained in any judgment, no Court shall have the power to pass any order of punishment for or in relation to any act of contempt save and except in accordance with subsection (1).
6.      Criminal contempt when committed.---(1) A criminal contempt shall be deemed to have been committed if a person,---
(a)         attempts to influence a witness, or proposed witness, either by intimidation or improper inducement, not to give evidence, or not to tell the truth in any legal proceedings;
(b)         offers an improper inducement or attempts to intimidate a Judge, in order to secure a favourable verdict in any legal proceedings; and
(c)          commits any other act with intent to divert the course of justice.
(2)     Nothing contained in subsection (1) shall prejudice any other criminal proceedings which may be initiated against any such person as is mentioned therein.
7.      Cognizance of criminal contempt.---In the case of a criminal contempt a superior Court may take action;
(i)           suo motu; or
(ii)         on the initiative of any person connected with the proceedings in which the alleged contempt has been committed; or
(iii)       on the application of the law officer of a Provincial or the Federal Government.
8.      Fair reporting.---(1) Subject to subsection (2), the publication of a substantially accurate account of what has transpired in a Court, or of legal proceedings, shall not constitute contempt of Court.
(2)     The Court may; for reasons to be recorded in writing, in the interest of justice, prohibit the publication of information pertaining to legal proceedings.
9.      Personalized criticism.---(1) Subject to the provisions of this Ordinance, personalized criticism of a specific Judge, or Judges may constitute judicial contempt save and except true averment if made in good faith and in temperate language in a complaint made,---
(a)         to the administrative superior of a Judge of a subordinate Court;
(b)         to a Provincial Government;
(c)          to the Chief Justice of a High Court;
(d)         to the Supreme Court;
(e)          to the Supreme Judicial Council; or
(f)           to the Federal Government for examination and being forwarded to the Supreme Judicial Council.
(2)     Nothing contained in subsection (1) is intended to deprive a Judge of the right to file a suit for defamation.
10.  Fair comments.--- The fair and healthy comments on a judgment involving question of public importance in a case which has finally been decided and is no longer pending shall not constituent contempt;
Provided that it is phrased in temperate language and the integrity and impartiality of a Judge is not impugned.
11.  Judicial contempt.---(1) A superior Court may take action in a case of judicial contempt on its own initiative or on information laid before it by any person.
(2)         Any person laying false information relating to .the commission' of an alleged judicial contempt shall himself be liable to be proceeded against for contempt of Court.
(3)         Judicial contempt proceedings initiated by a Judge, or relating to a Judge, shall not be heard by the said Judge, but shall (unless he is himself the Chief Justice) be referred to the Chief Justice, who may hear the same personally or refer it to some- other Judge, and, in a cases in which the Judge himself is the Chief Justice; shall be referred to the senior most Judge available for disposal similarly.
(4)         No proceeding for judicial contempt shall be initiated after the expiry of one year.
12.  Civil contempt.---(1) Proceedings for civil contempt may by initiated suo motu or at the instance of an aggrieved party.
(2)         The provisions contained herein are intended to be it addition to, and not in. derogation of, the power of the Court under another law for the time being in force to enforce compliance of its-orders judgments or decrees.
13.  Procedure in case of contempt in the face of the Court.---(1) In the case of a contempt committed in the face of the Court, the Court may cause the contemnor or offender to be detained in custody and may proceed against him in the manner provided in subsection (2):---
Provided that if the case cannot be finally disposed of on the same day, the Court may order the release of the accused from the custody either on bail or on his own bond.
(2)         In all cases of contempt in the fact of the Court the Judge shall pass an order in open Court recording separately what was said of done by the accused person and shall immediately proceed against the offender or may refer the matter to the Chief Justice for hearing any deciding the case by himself or by another Judge.
14.  Expunged material.--- No material, which has been expungned from the record under the orders of,---
(i)           a Court of competent jurisdiction; or
(ii)         the Presiding Officer of the Senate, the National Assembly or a Provincial Assembly, shall be admissible in evidence unless it is otherwise ordered by the Court.
15.  Innocent publication.--- No person shall be guilty of contempt of Court for, making any statement, or publishing any material, pertaining to any matter which forms the subject of pending proceedings, if he was not aware of the pendency thereof.
16.  Protected statements.--- No proceedings for contempt of Court shall lie in relation to the following:---
(i)           observations made by a higher or appellate Court in a judicial order or judgment;
(ii)         remarks made in an administrative capacity by any authority in the course of official, business, including those in connection with disciplinary inquiry or in an inspection note or a character roll o confidential report; and
(iii)       a true statement regarding conduct of a Judge connected with the performance of his judicial functions.
Provided that onus of proof shall be on the person relying on the statement.
17.  Procedure.---(1) Save as expressly provided to the contrary, proceedings in cases of contempt shall be commenced by the issuance of a notice, or a show-cause notice, at the discretion of the Court.
(2)         In the case of a notice the alleged contemner may enter appearance in person or through an Advocate, and, in the case of a show-cause notice, shall appear personally:---
Provided that the Court may at any time exempt the alleged contemner from appearing personally.
(3)         If, after giving the alleged contemner an opportunity of a preliminary hearing, the Court is prima facie satisfied that the interest of justice so requires, it shall fix a date for framing a charge in open Court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of affidavits, or after recording evidence:---
Provided that the alleged contemner shall not, if he so requests, be denied the right, of cross-examination in relation to any affidavit, other than that of a Judge, used in evidence against him.
18.  Substantial detriment.---(1) No person shall be found guilty of contempt of Court, or punished accordingly, unless the Court is satisfied that the contempt is one which is substantially detrimental to the administration of justice or scandalizes the Court or otherwise tends to bring the Court or Judge of the Court into a hatred or ridicule.
(2)         In the event of a person being found not guilty of contempt by reasons of subsection (1) the Court may pass an order deprecating the conduct, or actions, of the person accused of having committed.
(3)         Subject to the provisions of this Ordinance, truth shall be a valid defence in cases of contempt of Court.
19.  Appeal.---(1) Notwithstanding anything contained in any other law or the rules for the time being in force orders passed by a superior Court in cases of contempt shall be appealable in the following manner:---
(i)           in the case of an order passed by a single Judge of a High Court in intra-Court appeal shall lie to a bench of two or more Judges;
(ii)         in a case in which the original order has been passed by a Division or larger Bench of a High Court an appeal shall lie to the Supreme Court; and
(iii)       in the case of an original order passed by a single Judge or a Bench of two Judges of the Supreme Court an intra-Court appeal shall lie to a Bench of three Judges and in case the original order was passed by a Bench of three or more Judges an intra-Court appeal shall lie to a bench of five or more Judges.
(2)         The appellate Court may suspend the impugned order pending disposal of the appeal.
(3)         The limitation period for filing an appeal shall be thirty days.
20.  Repeal.--- The Contempt of Court Act, 1976 (LXIV of 1976), is hereby repealed.

The Contempt of Court Ordinance, 2003


Sections
Contents
1
Short title, extent and commencement
2
Definitions
3
Contempt of Court
4
Jurisdiction
5
Punishment
6
Criminal contempt when committed
7
Cognizance of criminal contempt
8
Fair reporting
9
Personalized criticism
10
Fair comments
11
Judicial contempt
12
Civil contempt
13
Procedure in case of contempt in the face of the court
14
Expunged material
15
Innocent publication
16
Protected statements
17
Procedure
18
Substantial detriment
19
Appeal
20
Repeal

THE
Contempt of Court Ordinance, 2003
Ordinance No. IV of 2003

10th July 2003
An Ordinance to regulate
the exercise of the powers of
courts to punish for contempt of court.

WHEREAS clause (3) of Article 204 of the Constitution of he Islamic Republic of Pakistan Provides that the exercise of the power conferred on courts to punish for contempt may be regulated by law,
AND WHEREAS The National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action.
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following ordinance.

1. Short title, extent and commencement: (1) This Ordinance may be called the Contempt of Court Ordinance, 2003.
(2) It extends to the whole of Pakistan.
(3) It shall come in force at once.

2. Definitions:-- In this Ordinance, unless there is anything repugnant in subject or context:
(a) "Civil contempt" means the willful flouting or disregard of—
(i) an order, whether interim or final, a judgment or decree of a court;
(ii) A writ or order issued by a court in the exercise of its constitutional jurisdiction;
(iii) an undertaking given to, and recorded by, a court;
(iv) the process of a court;
(b) "Criminal contempt" means the doing of any act with intent to, or having the effect of, obstructing the administration of justice;
(c) "Judicial contempt" means the scandalization of a court and includes personalized criticism of a judge while holding of office;
(d) "Notice" means a notice other than a show cause notice issued by a court;
(e) "Pending proceedings" means proceedings which have been instituted in a court of law until finally decided after exhausting all appeals, revisions or reviews provided by law or until the period of limitation therefore has expired;
provided that the pendency of an execution application shall not detract form the finality of the proceedings.
(f) "Personalized criticism" means a criticism of a judge or a judgment in which improper motives are imputed; and
(g) "Superior court" means the Supreme Court or a High Court.
3. Contempt of Court:--- Whoever disobeys or disregards any order, direction or process of a Court, which he is legally bound to obey; or commits a willful breach of a valid undertaking given to a Court; or does any thing which is intended to or tends to bring the authority of a court or the administration of law into disrespect or disrepute, or to interfere with or obstruct or interrupt or prejudice the process of law or the due course of any judicial proceedings, or to lower the authority of a court or scandalize a judge in relation to his office, or to disturb the order or decorum of a court is said to commit "contempt of Court" the Contempt is of three types, namely; the "Civil contempt" "criminal contempt" and "judicial contempt".
4. Jurisdiction:---- (1) Every superior Court shall have the power to punish a contempt committed in relation to it.
(2) Subject to sub-section (3) every High Court shall have the power to punish a contempt committed in relation to any Court subordinate to it.
(3) No High court shall proceeding in cases in which an alleged contempt is punishable by a subordinate court under the Pakistan Penal Code (Act No. XLV of 1860).
5. Punishment:-- (1) Subject to sub-section (92) any person who commits contempt of court shall be punished with imprisonment which may extend to six months simple imprisonment, or with fine which may extend to Rs 100, 000, or with both.
(2)A person accused of having committed contempt of court may, at any stage, submit an apology and the court, if satisfied that it is bonafide, may discharge him or remit his sentence.
Explanation: The fact that an accused person genuinely believes that he has not committed contempt and enters a defence shall not detract from the bona fides of an apology.
(3) In case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility therefore shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.
(4) Notwithstanding anything contained in any judgment, no court shall have the power to pass any order of punishment for or in relation to any act of contempt save and except in accordance with sub-section (1).

6. Criminal contempt when committed:-- (1) A criminal contempt shall be deemed to have been committed if a person
(a) Attempts to influence a witness, or proposed witness, either by intimidation or improper inducement, not to give evidence, or not to tell the truth in any legal proceeding;
(b) offers an improper inducement or attempts to intimidate a judge, in order to secure a favourable verdict in any legal proceedings;
(c) Commits any other act with intent to divert the course of justice.

7. Cognizance of criminal contempt:-- In the case of a criminal contempt a superior court make take action;
(i) Suo motu or
(ii) on the initiative of any person connected with the proceedings in
which the alleged contempt has been committed; or
(iii) on the application of the law officer of a provincial or the Federal Government.
8. Fair reporting:-- (1) Subject to sub-section (2), the publication of a substantially accurate account of what has transpired in a court, or of legal proceedings, shall not constitute contempt of court.
(2)The Court may, for reasons to be recorded in writing, in the interest of justice, prohibit the publication of information pertaining to legal proceedings.

9. Personalized criticism: --- (1) Subject to the provisions of this Ordinance, personalized criticism of a specific judge, or judges, may constitute judicial contempt save and except true averment if made in good faith and in temperate language in a complaint made,
(a) to the administrative superior of a judge of a subordinate court;
(b) to a provincial government,
(c) to the Chief justice of a High Court;
(d) to the Supreme Court;
(e) to the supreme judicial Council; or
(f) to the Federal Government for examination and being forwarded to the supreme judicial Council;
(2) Nothing contained in sub-section (1) is intended to deprive a judge of the right to file a suit for defamation.

10. Fair comments:--- The fair and healthy comments on a judgment involving question of public importance in a case which has finally been decided and is not longer pending shall not constitute contempt;
Provided that it is phrased in temperate language and the integrity and impartiality of a judge is not impugned.
11. Judicial contempt:--- (1) A superior Court may take action in a case of judicial contempt on its own initiative or on information laid before it by any person.
(2) Any person laying false information relating to the commission of an alleged judicial contempt shall himself be liable to be proceeded against for contempt of court.
(3) Judicial contempt proceedings initiated by a judge, or relating to a judge, shall not be heard by the said judge, by shall (Unless he is himself the Chief justice) be referred to the Chief justice, who may her the same personally or refer it to some other judge, and in a case in which the judge himself is the Chief justice, shall be referred to the senior most judge available for disposal similarly.
(4) No proceedings for judicial contempt shall be initiated after the expiry of one year.

12. Civil contempt:--- (1) Proceeding for civil contempt may be initiated suo motu or at the instance of an aggrieved party.
(2) The provisions contained herein are intended to be in addition to, and not in derogation of, the power of the Court under any other law for the time being in force to enforce compliance of its orders, judgments or decrees.
13. Procedure in case of contempt in the face of the court:--- (1) In the case of a contempt committed in the face of the court, the court may cause the contemner /offender to be detained in custody and may proceed against him in the manner provided in sub-section (2);
Provided that if the case cannot be finally disposed of on the same day, the court may order the release of the accused from the custody either on bail or on his own bond.
(2) In all cases of contempt in the face of the court the juge shall pass an order in open court recording separately what was said or done by the accused person and shall immediately proceed against the offender or may refer the matter to the Chief justice for hearing and deciding the case by himself or by another judge.

14. Expunged material:--- No material which has been expunged from the record under the orders of
(i) a court of competent jurisdiction, or
(ii) The presiding officer of the Senate, the National Assembly or a
provincial Assembly; shall be admissible in evidence unless it is otherwise order by the court.
15. Innocent publication:--- No person shall be guilty of contempt of court for making any statement, or publishing any material, pertaining to any matter which forms the subject of pending proceedings, if he was not aware of the pendency thereof.

16. Protected statements:--- No proceedings for contempt of court shall lie in relation to the following:
(i) observations made by a higher or appellate court in a judicial order or judgment;
(ii) remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential report; and
(iii) a true statement without intent to scandalize a judge regarding his conduct in a matter not connected with the performance of his judicial functions.
17. Procedure:--- (1) Save as expressly provided to the contrary, proceedings in cases of contempt shall be commenced by the issuance of a notice, or a show cause notice, at the discretion of the court.
(2) In the case of a notice the alleged contemner may enter appearance in person or through an advocate and in the case of a show cause notice, shall appear personally;
Provided that the court may at any time exempt the alleged contemner from appearing personally;
(3) if, after giving the alleged contemner an opportunity of a preliminary hearing, the court is prima facie satisfied that the interest of justice so requires, if shall fix a date for framing a charge in open court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of basis of affidavits, or after recording evidence;
Provided that the alleged contemner shall not, if he so requests, be denied the right of cross examination in relation to any affidavit, other than the of a judge, used in evidence against him.
18. Substantial detriment:--- (1) No person shall be found guilty of contempt of court, or punished accordingly, unless the court is satisfied that the contempt is one which is substantially detrimental to the administration of justice or scandalizes the court or other wise tends to bring the court or judge into hatred or ridicule.
(2) In the event of a person being found not guilty of contempt by reason of sub-section (1) the court may pass an order deprecating the conduct, or actions, or the person accused of having committed contempt.
(3) Subject to the provisions of this Ordinance, truth shall be a valid defence in cases of contempt of court.

19. Appeal:--- (1) Notwithstanding anything contained in any other law or the rules for the time being in force, order passed by a superior court in contempt cases shall be appeal able in the following manner;
(i) in the case of an order passed by a single judge of a High Court an intra-court appeal shall lie to a bench of two or more judges;
(ii) in a case in which the original order has been passed by a division or larger bench of a High Court an appeal shall lie to the Supreme Court, and
(iii) in the case of an original order passed by a single judge or a bench of two judges of the Supreme Court an intra-court appeal shall lie to a bench of three judges and in case the original order was passed by a bench of three or more judges an intra-court appeal shall lie to a bench of five or more judges.
(2) The appellate court may suspend the impugned order pending disposal of the appeal.
(3) The limitation period of filing an appeal shall be 30 days.
20. Repeal:-- The Contempt of court Act, 1976 (LXIV of 1976) is hereby repealed.

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