| Case ID |
7f873e93-b77f-43de-8660-12d42e84b6fd |
| Body |
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| Case Number |
Criminal Original Petition No.10-f of 1995 in Civi |
| Decision Date |
Aug 01, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan condemned the increasing trend of frivolous applications for contempt of court filed by litigants against public servants. It highlighted that these applications often intended to harass and humiliate officials who were performing their judicial duties. The court emphasized the need for careful examination of documents before issuing stay or injunction orders and laid down guidelines for subordinate courts to prevent misuse of vague orders. The court dismissed the petitioners' application for contempt against the Naib-Tehsildar, stating that the application was maliciously filed and aimed to influence the appellate court. The decision reinforced the importance of maintaining public peace and the proper functioning of governmental departments. |
| Summary |
This case addresses the critical issue of contempt of court applications being misused by litigants against public officials in Pakistan. The Supreme Court disapproved the growing trend of filing frivolous contempt applications under the Civil Procedure Code and the Contempt of Court Act. It outlined the detrimental effects of such practices on the functioning of government departments and public servants. The court provided essential guidelines for subordinate courts to prevent the misuse of vague stay orders, emphasizing the need for clarity and specificity in all injunctions. The ruling serves as a significant precedent in protecting the integrity of judicial processes and safeguarding public officials from unwarranted legal harassment. Keywords such as 'Contempt of Court', 'Civil Procedure Code', 'judicial integrity', and 'government officials' are trending and relevant in the context of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Munir Khan,
Mir Hazar Khan Khoso
|
| Lawyers |
Gulzar Ahmad Qureshi, Advocate,
S. Abid Nawaz, Advocate-on-Record
|
| Petitioners |
5 others,
AMAN
|
| Respondents |
8 others,
MUHAMMAD ALI
|
| Citations |
1995 SLD 774,
1995 PLD 572
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code, 1908,
Contempt of Court Act, 1976,
West Pakistan Land Revenue Act, 1967,
Constitution of Pakistan, 1973
|
| Sections |
XXXIX, R.2(3),
S.6,
S.81,
Arts.204 & 187
|