| Case ID |
003b7f51-7df6-4829-8eaa-7bbd61fb4974 |
| Body |
View case body. Login to View |
| Case Number |
Cr.M.P.66/91 and Cr.M.P.67/91 |
| Decision Date |
Jan 10, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court addressed the contempt proceedings initiated against the Senior Civil Judge and the Advocate due to the violation of the Court's previous ruling. The Advocate assumed full responsibility for the mistake that led to the filing of fresh suits, which were deemed frivolous and vexatious. Both the Senior Civil Judge and the Advocate submitted unqualified apologies. The Court considered the mitigating circumstances, including the Advocate's death and the Senior Civil Judge's regret over his inadvertent mistake. The Supreme Court took a lenient view, discharging the notice of contempt against the Senior Civil Judge with a warning, ensuring that this warning would not impede his future promotion. The decision emphasized the need for judicial officers to perform their duties diligently and avoid unnecessary litigation that undermines previous rulings. |
| Summary |
This case addresses the issue of contempt of court proceedings initiated against a Senior Civil Judge and an Advocate for violating a Supreme Court order. The Court found that the Advocate mistakenly filed new suits despite the finality of previous judgments. Both parties offered apologies for their actions, and the Court ultimately decided to dismiss the contempt charges against the Senior Civil Judge while issuing a warning to ensure careful future conduct. This ruling highlights the importance of adhering to Supreme Court decisions and discouraging frivolous litigation that seeks to challenge established legal outcomes. Furthermore, it underlines the need for judges to remain vigilant in their decision-making processes to maintain the integrity of the judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
SAEEDUZZAMAN SIDDIQUI,
FAZAL ILAHI KHAN,
MUHAMMAD MUNIR KHAN,
IRSHAD HASAN KHAN
|
| Lawyers |
Malik Muhammad Afzal Khan,
Raja Muhammad Anwar
|
| Petitioners |
another,
ABDUL MAJID
|
| Respondents |
Qazi ABBAS HUSSAIN SHAH
|
| Citations |
1995 SLD 591,
1995 SCMR 429
|
| Other Citations |
Sher Muhammad v. Noor Elahi and another 1985 SCMR 1530,
Muhammad Shafi and another v. Attaullah and others 1984 SCMR 1124,
Ashiq Hussain alias Muhammad Ashraf v. The State PLD 1994 SC 879
|
| Laws Involved |
Supreme Court Rules, 1980,
Constitution of Pakistan (1973)
|
| Sections |
OXXVII, R.1,
189,
204
|