| Case ID |
2f4b5a28-f456-46c9-beec-54d7e28cd617 |
| Body |
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| Case Number |
D-659 of 1988 |
| Decision Date |
Jan 24, 1989 |
| Hearing Date |
Jan 24, 1989 |
| Decision |
The court acquitted the alleged contemner, Anisur Rehman, giving him the benefit of the doubt due to conflicting testimonies between him and the bailiff, Abdul Sattar. The court noted that the bailiff had failed to produce any witnesses to support his claims of misbehavior and the allegations of contempt were not established beyond reasonable doubt. The court emphasized that in contempt proceedings, the accused is entitled to the benefit of any reasonable doubt, leading to the conclusion that the allegations did not warrant a conviction. |
| Summary |
In the case of Abdul Sattar vs Income Tax Officer Circle XV, the Sindh High Court dealt with allegations of contempt against the Income Tax Officer, Anisur Rehman, for refusing to accept a notice served by the bailiff and for alleged misbehavior. The court highlighted the importance of due process and the standard of proof required in contempt proceedings, which are of a quasi-criminal nature. The court found that conflicting accounts between the bailiff and the officer created reasonable doubt regarding the alleged contempt. The decision underscored the principle that doubts must favor the accused in such cases. The ruling is significant in reinforcing the standards of evidence and the rights of individuals in contempt proceedings, paving the way for a more careful consideration of allegations that could affect the integrity of judicial processes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
QAISER AHMAD HAMIDI
|
| Lawyers |
Muhammad Faridul Haq,
Munawar Ali Bhatti,
AA.Mohammadally,
Sharaf Faridi
|
| Petitioners |
ABDUL SATTAR
|
| Respondents |
Income Tax OFFICER CIRCLE XV, EAST ZONE, KARACHI
|
| Citations |
1989 SLD 72,
1989 PTD 556
|
| Other Citations |
State v. Dasrath Jha AIR 1951 Pat. 443,
Dr. Mazhar Ali Hashmi v. Abdul Qadir and others PLD 1971 Lah. 278,
Mian Qadiruddin and another v. Mian Ghulam Yaqoob Bandey and another 1977 SCMR 475,
State v. Qazi Muhammad Tufail PLD 1977 Lah.486,
Amir Hussain v. Muhammad Rafique and others 1985 P.Cr. LJ 108
|
| Laws Involved |
Contempt of Court Act, 1976
|
| Sections |
3
|