MISS KISHWAR ZAIDI Versus THE STATE
ORDER
1. The brief facts giving rise to this matter are that applicants Miss Kishwar Zaidi and Syed Zulfiqar Ali Naqvi, filed an application for bail before arrest in this Court being Cr.Bail Application No.627 of 1987 and the same was fixed for hearing on 25-5-1987 before the Hon'ble Chief Justice of this Court. On that day it is alleged that the contemners attempted to arrest the applicants from this Court, and this fact was brought to the notice of the Hon'ble Chief Justice, who called the contemners and they were directed to appear before the Court on 31-6-1987 when question of taking action against them was to be considered. However, a show-cause notice was issued to them to which they submitted their written reply. In their reply they tendered unconditional and unqualified apology, and further submitted that they had not come to arrest the applicants. That according to Mirza Mohammad Yousuf, A.S.I. he and Constable Amanat Ali, came in the High Court premises with some official work, where they met Mohsin Naqvi complainant of the above case, who also joined them. According to them, they saw Mst. Kishwar Zaidi and Mr. Zulfiqar Ali Naqvi, standing in the High Court and they came towards the applicants on which possibly she apprehended that they are coming to arrest her, and therefore, she started shouting. That they came near Miss Kishwar Zaidi and tried to explain to her that they had not come to arrest her. That according to the contemners everything happened due to misunderstanding and even on that day they had shown their repentance immediately and they nave also submitted unconditional and unqualified apology in their explanations. A.S.I. Mirza Mohammad Yousuf, has served in the Police Department for twenty-six years, while Amanat Ali, Police Constable has served in Police Department for twelve (12) years.
2. In view of the above circumstances and the fact that they have submitted unconditional and unqualified apology, Mr. S. Sarfaraz Ahmed, A.A.-G. was of the view that no action be taken against the contemners and the notice issued against them be discharged.
3. Miss Wajahat Niaz, learned counsel appearing for the contemners also contended that in view of the fact that the A.S.I. has served in Police Department for 26 years while the constable has served in Police Department for 12 years, and they have submitted unconditional and unqualified apology in the Court, therefore, they may be excused. The learned counsel has further submitted that contemners have repented and they have not committed such act in the past and they assure this Court that they will be careful in future.
4. I have considered the contention of the learned counsel and have gone through the explanation. In view of the fact that the contemners had shown repetance even on the very day before the Honourable Chief Justice, and have also submitted unconditional and unqualified apology in writing. They have thrown themselves at the mercy of this Court and have tendered an unqualified apology and undertaking not to repeat the said act again. The A.S.I. Mirza Mohammad Yousuf has 26 years of service while Constable Amanat Ali has been in service for 12 years. That the contemners have purged their contempt, and therefore, I am of the considered view that grace lay in forgiving them rather than convicting them. The respondents contemners have a long service and have no previous conviction to their credit for the identical offence. They had tendered apology at an early stage, and therefore, I am of the considered view that a warning will meet the ends of justice in view of the circumstances of the case. The respondents, contemners are, therefore, hereby warned to behave properly and be careful in future, order accordingly.
5. M.A.K./M-385/L Order accordingly.