Dr. SARFRAZ HUSSAIN vs THE STATE
This petition for leave to appeal arises from a judgment of the Lahore High Court, which upheld the conviction and sentence of the petitioner, a physician, for contempt of court. The petitioner had issued a false medical certificate regarding an undertrial prisoner, Mushtaq, claiming he suffered from Angina Pectoris, with the intent to mislead the court. Upon receiving a show cause notice, the petitioner admitted his guilt and tendered an unconditional apology. A Single Judge of the High Court sentenced him to seven days of simple imprisonment and a fine of Rs. 2,000, or ten days of simple imprisonment in default. The Division Bench dismissed the petitioner's appeal against this conviction. Before the Supreme Court, the petitioner argued that the certificate was subsequently found to be correct. The Supreme Court rejected this contention, noting that the petitioner had admittedly submitted a false certificate to mislead the court. The Court held that the sentence awarded was legal and declined to interfere, affirming that issuing false medical certificates to interfere with the administration of justice constitutes contempt of court warranting punitive action.
- Does the issuance of a false medical certificate to a court constitute contempt of court?
- Can the Supreme Court interfere with a sentence awarded for contempt of court if the sentence is legal?
- Is an unconditional apology sufficient to absolve a party of contempt of court when the act involved misleading the judicial process?
ORDER
1. ' Leave to appeal is sought against the judgment and order of a learned Division Bench of the Lahore High Court, Lahore dated 7-11-2001, whereby appeal preferred by the petitioner against his conviction and sentence awarded to him by a learned Single Judge of the High Court, for committing contempt of Court, was dismissed.
2. ' Facts of the case are that the petitioner is a Physician and had issued a false certificate in respect of ailment of Mushtaq, an undertrial prisoner, to be submitted in Court certifying that he was suffering from Angina Pectoris. His certificate was found to be false and thus a notice was issued to him to show cause as to why he should not be punished for having committed contempt of the Court by interfering with the administration of justice. The petitioner admitted his guilt by offering unconditional apology and throwing himself on the mercy of the Court. A learned Judge in Chambers of the High Court vide his order dated 24-10-1997 ordered the petitioner to suffer seven days' S.-I. And to pay a fine of Rs,2,000 or in default thereof to undergo ten days' S.-I. Appeal preferred by him against the said order was dismissed by a learned Division Bench of the High Court vide its order impugned.
3. We have heard the learned counsel for the petitioner. His contention is that during inquiry the certificate issued by the petitioner was found to be correct. Be that as it may, the petitioner had, in fact, submitted a false certificate and tried to mislead the Court. The sentence awarded to him is legal and this Court does not interfere with such sentences. Hence this petition being devoid of merits is dismissed.