NISAR AHMAD KHAWAJA vs MUHAMMAD USMAN MUHAMMAD KHAN WASAN
This matter arises from a contempt application filed against an Additional City Magistrate for allegedly making derogatory remarks regarding the Supreme Court during the proceedings of a criminal case under section 447 of the Pakistan Penal Code. The core legal question concerned whether the respondent magistrate made the attributed contemptuous remarks undermining the authority and dignity of the superior court. The Supreme Court observed that the allegations were met with a direct denial by the respondent, who asserted the application was a consequence of his refusal to entertain delaying tactics. The Court noted that in light of the respondent's unconditional and unqualified apology and his expressed respect for the judiciary, no useful purpose would be served by conducting a factual inquiry into the conflicting assertions. Consequently, the Court held that no further action was warranted. The key principle laid down is that while presiding officers of judicial institutions must show due respect to superior courts, contempt proceedings may not be pursued when the respondent tenders an unconditional apology and the allegations involve disputed questions of fact.
- Whether contempt proceedings should be pursued when the allegations of disrespectful remarks against a superior court are met with a direct factual denial?
- Does an unconditional and unqualified apology by a judicial officer suffice to close contempt proceedings where factual controversy exists?
- Section 447, Pakistan Penal Code 1860
ORDER
1. ANWARUL HAQ, C.J. - This application prays for action by way of contempt against Mr. Muhammad Usman Muhammad Khan Wasan, Additional City Magistrate, New Town, Karachi, on the allegation that during the course of hearing a criminal case against the petitioner Nisar Ahmad Khawaja under section 447 of the Pakistan Penal Code, he remarked as under : "I care a jot for the Supreme Court."
2. ' The background of the incident is stated to be that the petitioner had moved a transfer application, which was dismissed by the High Court and the case had then come up before the learned Magistrate on the 29th of December, 1979. On learning that the transfer application made by the petitioner had been dismissed by the High Court of Sind, the learned Magistrate is alleged to have inquired from the petitioner and his counsel Mr. Faiz-ud-Din, as to what next they could do, to which Mr. Faiz-udDin replied that he might go to the Supreme Court if so instructed by his client. On hearing this reply from the petitioner's counsel, the respondent is stated to have made the offending remarks already quoted.
3. ' In support of these allegations, the petitioner and his Advocate Mr. Faiz-ud-Din both have filed affidavits, and they have also mentioned the names of some other persons, who were present in the Court at that time.
4. In reply, the respondent has denied all these allegations and has asserted that the present application has been made against him for the reason that he did not oblige the petitioner and his Advocate, who were trying to adopt delaying tactics. After denying the factual allegation the respondent has reiterated his respect for this Court and has also tendered an unconditional and unqualified apology.
5. ' It will be seen that there is an assertion on the one side and denial on the other. In view of the correct attitude adopted by the respondent, who is also present in person before us, we do not think that any useful purpose would be served by embarking upon into factual inquiry. It goes without saying that a duty rests on all citizens, and particularly on Presiding Officers of judicial institutions, to show due respect to the superior Courts of the country. We are glad to notice that the respondent is fully aware of his duty in this behalf. In the circumstances, no further action is called for on this application, which is hereby dismissed.
6. ' A copy of this order shall be sent to the respondent.