1990 PLP 1292 (SCMR)
Malik MUHAMMAD JAFFAR, Advocate‑‑‑Petitioner Versus KARACHI BAR ASSOCIATION‑‑‑Respondent
| Citation | 1990 PLP 1292 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ., |
| Parties | Malik MUHAMMAD JAFFAR, Advocate‑‑‑Petitioner Versus KARACHI BAR ASSOCIATION‑‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1292 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1292 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ.,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1292 (SCMR) (Malik MUHAMMAD JAFFAR, Advocate‑‑‑Petitioner Versus KARACHI BAR ASSOCIATION‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja M.Bashir, Advocate Supreme Court instructed by ChAkhtar Ali, Advocate‑on‑ Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 27th March, 1990.
- Malik MUHAMMAD JAFFAR, Advocate‑‑‑Petitioner
Headnotes / Summary
(Against the judgment of the High Court of Sindh, Karachi, dated 7‑2‑1988 in Crl. Misc. 5, 5‑A and 5‑B of 1976). ‑‑‑‑Arts. 204 & 185(3)‑‑‑Contempt of Court Act (LXIV of 1976), S.3/4‑‑ Petitioner was unable to satisfy whether High Court wanted to proceed against him under the Contempt of Court Act‑‑‑High Court admittedly had already discharged notices against two other persons‑‑‑Petitioner was directed to seek further orders from High Court on this aspect‑‑‑In case petitioner was convicted of contempt of Court, he had a remedy to appeal to Supreme Court against the final order‑‑‑Petition was disposed of accordingly.
Judgment & Decree
ABDUL QADEER CHAUDHRY, J.‑‑‑An application was filed by the Karachi Bar Association in the High Court of Sindh, under Article 204 of the Constitution of the Islamic Republic of Pakistan in which it was averred that during the course of discussions on a Bill in the National Assembly and the Senate on 29‑11‑1976, some speeches were delivered by various members of the National Assembly and the Senate which amount to contempt of Court. The following question was referred to the Full Bench of the High Court for its opinion: "Whether under 1973 Constitution of Pakistan And the rules framed thereunder the speeches of the Members of the National Assembly enjoy absolute privilege and are not amenable to Contempt of Court proceedings?"
2. The question was answered in Para 15 of the judgment passed by the Sindh High Court on 7‑2‑1988. In this petition, the petitioner has challenged the aforesaid judgment of the High Court.
3. Learned counsel for the petitioner submitted that the contempt application had been made against three persons, namely, Malik Muhammad Akhtar, Abdul Hafeez Pirzada and the present petitioner. A learned Single Judge of the High Court had discharged notices against Malik Muhammad Akhtar and Abdul Hafeez Pirzada. The learned counsel is unable to satisfy us whether the High Court wants to proceed against the petitioner under the Contempt of Court Act. As he himself says that the High Court has already discharged notices against two other persons, the petitioner may seek further orders from the High Court on this aspect. In case the petitioner is convicted of Contempt of Court, he has a remedy to appeal to this Court against the final order. The petition is disposed of accordingly. N.H.Q./M‑1358/S Petition disposed of.