THE STATE vs RIAZ HANIF RAHI
This matter concerns contempt of court proceedings initiated against an advocate, Riaz Hanif Rahi, following his conduct during court proceedings. The core legal question was whether the advocate's actions—specifically, repeatedly interrupting court proceedings, attempting to coach a witness during the recording of their statement, and uttering contemptuous remarks—constituted contempt of court. The court recorded the statements of the witness and the advocate. The advocate admitted to uttering the contemptuous words on the specified date but failed to provide a satisfactory explanation for his conduct, which included filing various applications and maintaining a stubborn attitude rather than expressing regret or seeking pardon. Consequently, the court held the advocate in contempt. The court convicted the contemner, sentencing him to one month of rigorous imprisonment and imposing a fine of Rs. 30,000. In default of payment, the contemner was ordered to undergo an additional one month of simple imprisonment. The judgment underscores the court's authority to punish contemptuous behavior that obstructs judicial proceedings and undermines the dignity of the court.
- Can an advocate be held in contempt for interrupting court proceedings and coaching a witness?
- What is the penalty for contempt of court under the Contempt of Court Ordinance 2004?
- Does a failure to express regret or seek pardon affect the sentencing in contempt proceedings?
- Article 204, Constitution of Islamic Republic of Pakistan 1973
- Contempt of Court Ordinance 2004
ORDER
1. ' Mr. Riaz Hanif Rahi, Advocate and Muhammad Ibrahim (Respondent No.2 in W. P. No.2018- 2005/BWP) are present in person in the Court. Let statement of Muhammad Ibrahim be recorded on a separate sheet.
2. ' Presence as before.
3. ' Statement of Muhammad Ibrahim has been recorded. During the recording of statement of Muhammad Ibrahim, Mr. Riaz Hanif, Advocate has repeatedly interrupted the Court proceedings and has tried to guide Muhammad Ibrahim in making his statement upon which he was asked to take his seat.
2. Let statement of Mr. Riaz Hanif Rahi, Advocate be recorded on a separate sheet to explain the show-cause notice of contempt.
4. ' Presence as before.
5. Statement of Mr. Riaz Hanif Rahi, Advocate has been recorded on a separate sheet in which he has admitted that he had uttered the sentences/words on 18-7-2005, which has been read over to him by this Court again today. As Mr. Riaz Hanif Rahi, Advocate has not been able to explain his acts, deeds, actions as noted in the judgment announced today, filing of applications, (C.Ms), utterances of contemptuous sentences during the arguments, interruption in Court proceedings, etc., and no satisfactory explanation having been tendered, I hold the contemner to have committee contempt of this Court. It may be noted that instead of showing regret or tendering for the pardon he has again shown a stubborn attitude. Therefore, I award him the sentence of one month R.I. And impose a fine of Rs.30,000 (Rupees thirty thousand only) under Article 204 of the Constitution of Islamic Republic of Pakistan, 1973 read with Contempt of Court Ordinance No.1 of 2004. In case of default to pay the fine, he is to suffer one month more simple imprisonment.
6. Contemner convicted.