ZULFIQAR ALI vs THE STATE
This matter arises from a petition challenging a sentence of seven days simple imprisonment imposed upon the petitioner by the High Court during the hearing of a criminal miscellaneous application. The core legal question concerns whether an unconditional apology tendered by the contemner/petitioner at the earliest opportunity warrants the setting aside of a summary sentence for contempt or professional misconduct. The Supreme Court of Pakistan held that in the facts and circumstances of the case, the unconditional apology offered by the petitioner should be accepted. Consequently, the Court set aside the sentence of seven days simple imprisonment, recalled the earlier notices issued to the petitioner, and cautioned him to exercise greater care in the future. The key principle laid down is that an unconditional apology, when promptly and genuinely tendered at the earliest opportunity, may be accepted by the court to remit a sentence of imprisonment imposed for contempt or related infractions.
- Can an unconditional apology tendered by a petitioner result in the setting aside of a sentence of simple imprisonment?
- Whether an appellate court can recall notices and set aside a sentence upon acceptance of an unconditional apology?
ORDER
' NASIR ASLAM ZAHID, J.---The petitioner/applicant was sentenced to 7 days' S.I. By order, dated 16- 9-1996 by the High Court during the hearing of Criminal Miscellaneous No,2986-B of 1996. A statement in writing has been filed which is signed by the petitioner/applicant and also by his learned counsel Mr. N.A. Butt to the effect that at the first available opportunity the applicant had submitted an unconditional apology and had thrown himself at the mercy of the High Court and this finds confirmation from Para. 3 of the order of the High Court. In para. 3 of the statement filed in writing today the petitioner/applicant stated that he would be more careful in future and repeated his unconditional apology before this Court.
2. In the facts and circumstances of this case, unconditional apology is accepted, the order of sentence of seven days' S.I. By the High Court is set aside and the notice issued to him earlier are recalled. However, the petitioner/applicant has been cautioned to be careful in future.