| Case ID |
2ba0aa7e-caf3-4e7f-b0de-c155c6f0872f |
| Body |
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| Case Number |
Criminal Appeal No. 24 of 1964 |
| Decision Date |
Oct 22, 1964 |
| Hearing Date |
Oct 21, 1964 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal of Syed Mohsin Tirmizy against a judgment of the Full Bench of the High Court of West Pakistan. The High Court had found him guilty of contempt of court, describing it as 'a contempt of the grossest kind' due to his letter containing scandalous allegations against the High Court. The Supreme Court upheld the High Court's decision, emphasizing that the allegations made were calculated to bring the High Court into disrepute and were therefore contemptuous. The court highlighted that the truth of the allegations could not be pleaded as a defense in such cases of contempt. The appellant's actions were deemed inappropriate for a judicial officer, and the punishment imposed by the High Court, which included imprisonment until the rising of the court and a fine of Rs. 2,000, was declared necessary and proper. |
| Summary |
In the landmark case of Syed Mohsin Tirmizy vs. The State, the Supreme Court of Pakistan addressed the issue of contempt of court under Article 123 of the Constitution of Pakistan, 1962. The appellant, a District and Sessions Judge, was found guilty of scandalizing the High Court through a letter that contained allegations against its integrity. The Supreme Court ruled that such contempt, especially when it comes from a judicial officer, undermines the authority and dignity of the court system. The decision reinforced the principle that all judicial officers have a duty to maintain the dignity of the judiciary. The case emphasizes the importance of upholding judicial integrity and the consequences of undermining it through contemptuous remarks. This case is significant for legal practitioners as it sets a precedent regarding the limits of free expression for judicial officers and the standards expected of them. Keywords: contempt of court, judicial integrity, Article 123, Supreme Court of Pakistan, scandalizing the court, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
District and Sessions Judge, Dera Ghazi Khan,
High Court of West Pakistan, Lahore,
Provincial Government of West Pakistan
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLEAKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN
|
| Lawyers |
A. K. Brohi Senior Advocate Supreme Court,
Muhammad Zafar Syed Senior Advocate Supreme Court,
M. H. Khondker Senior Advocate Supreme Court,
Daud Ilyas Advocate Supreme Court,
M. Siddiq Senior Attorney for Appellant,
S. Nasir-ud-Din Advocate General West Pakistan,
Attaullah Sajjad Additional Advocate General West Pakistan,
Afzal Haider Advocate Supreme Court,
Muhammad Nazar Khan Attorney
|
| Petitioners |
Syed Mohsin Tirmizy
|
| Respondents |
THE STATE,
THE CHIEF JUSTICE AND JUDGES OF THE HIGH COURT OF WEST PAKISTAN, LAHORE
|
| Citations |
1965 SLD 58,
1965 PLD 28
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1962
|
| Sections |
123
|