THE STATE-Applicant vs KHAWAJA SHAMSUL ISLAM
This review application was filed by the applicant seeking the recall of a show-cause notice for contempt of court and associated restraining orders issued against him. The core legal question was whether the court should accept the contemnor's unconditional and unqualified apology, tendered at the earliest opportunity, despite a prior history of similar contempt proceedings. The Sindh High Court accepted the unconditional apology, recalled the restraining orders, and discharged the contempt notice. The court held that while an apology does not automatically wipe out the gravity of contempt, tendering an unconditional apology at the earliest opportunity reduces the gravity of the offense and warrants judicial leniency. The court admonished the contemnor to act prudently in the future and maintain conduct befitting an officer of the court, choosing not to impose any formal punishment.
- Whether an unconditional and unqualified apology tendered at the earliest opportunity can justify the discharge of a contempt of court notice?
- Does a prior history of contempt proceedings prevent a court from accepting a subsequent unconditional apology?
- What is the legal effect of an unconditional apology on the gravity of a contempt of court offense?
ORDER
1. ' NAEEM AZHAR SIDDIQI, J.---Granted.
2. This is an application for review of the order dated 13-5-2008 by which review of the order was sought to the extent of show-cause notice issued to Mr. Khawaja Shamsul Islam. Along with the application a statement containing an unconditional has been filed signed by the alleged contemnor. Kh. Shamsul Islam as well as his learned counsel whereby the alleged contemnor has submitted an unconditional and unqualified apology and has thrown himself at the mercy of the Court. Mr. Faroogh Nasim submits that the alleged contemnor has sincerely and remorsely tendered the unconditional apology which may be accepted and the contempt notice as well as the restraining orders may be recalled.
2. ' The alleged contemnor is present in Court and has shown remorse and assured that in future he will be careful and will not repeat such incident.
3. ' This is not the first instance when such notice was issued to Mr. Khawaja Shamsul Islam. Earlier also in C.P. No,D-1488 of 2005 similar notice was issued to him which was also discharged on submission of unconditional apology by Mr. Khawaja Shamsul Islam.
4. By filing the unconditional and unqualified apology, the alleged contemnor has thrown himself at the mercy of this Court and has not tried to justify his conduct. The apology has been tendered at the earlier opportunity and the Courts in such cases have always shown leniency and grace in accepting such apologies tendered by contemnors. It is true that submission of mere apology cannot wipe off gravity of contempt but, the act of tendering unconditional apology is always important and reduced the gravity of offence. .
5. ' In view of the above, the unconditional apology submitted by the alleged contemnor, with expression of remorse, is accepted and the restraining order is recalled and the contempt notice dated 13-5-2008 is discharged. I am not inclined to impose any punishment upon Mr. Khawaja Shamsul Islam but would admonish him to act prudently in Court in future and will not indulge in acts unbecoming of an officer of the Court.
6. ' The listed application is allowed to the above extent.
7. ' Office is directed to place this order before the Honourable Chief Justice and the learned Judges of this Court for perusal.