2008 P Cr (PLP)
THE STATE — Applicant Versus KHAWAJA SHAMSUL ISLAM — Respondent
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | THE STATE — Applicant Versus KHAWAJA SHAMSUL ISLAM — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 P Cr (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 P Cr (PLP) (THE STATE — Applicant Versus KHAWAJA SHAMSUL ISLAM — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Faroogh Nasim, Ahmed Pirzada and Nasir Maqsood for Respondent.
Headnotes / Summary
Art. 204
Alleged contemner who had filed unconditional and unqualified apology, had thrown himself at the mercy of the court and had not tried to justify his conduct
Apology had been tendered by the contemnor at the earliest opportunity and the courts in such cases had always shown leniency and grace in accepting such apology
Submission of mere apology though could not wipe off gravity of contempt, but the fact of tendering unconditional apology was always important and reduced the gravity of offence
Unconditional apology submitted by alleged contemnor with expression of remorse was accepted and restraining order was recalled and contempt notice was discharged
No punishment was imposed on contemnor, but was admonished to act prudently in court in future and that he would not indulge in acts unbecoming of the officer of the court.
Judgment & Decree
NAEEM AZHAR SIDDIQI, J.
Granted.
2. This is an application for review of the order dated 13-5-2008 by which review of the order was sought to the extent of show-cause notice issued to Mr. Khawaja Shamsul Islam. Along with the application a statement containing an unconditional has been filed signed by the alleged contemnor. Kh. Shamsul Islam as well as his learned counsel whereby the alleged contemnor has submitted an unconditional and unqualified apology and has thrown himself at the mercy of the Court. Mr. Faroogh Nasim submits that the alleged contemnor has sincerely and remorsely tendered the unconditional apology which may be accepted and the contempt notice as well as the restraining orders may be recalled. The alleged contemnor is present in Court and has shown remorse and assured that in future he will be careful and will not repeat such incident. This is not the first instance when such notice was issued to Mr. Khawaja Shamsul Islam. Earlier also in C.P. No.D-1488 of 2005 similar notice was issued to him which was also discharged on submission of unconditional apology by Mr. Khawaja Shamsul Islam. By filing the unconditional and unqualified apology, the alleged contemnor has thrown himself at the mercy of this Court and has not tried to justify his conduct. The apology has been tendered at the earlier opportunity and the Courts in such cases have always shown leniency and grace in accepting such apologies tendered by contemnors. It is true that submission of mere apology cannot wipe off gravity of contempt but, the act of tendering unconditional apology is always important and reduced the gravity of offence. In view of the above, the unconditional apology submitted by the alleged contemnor, with expression of remorse, is accepted and the restraining order is recalled and the contempt notice dated 13-5-2008 is discharged. I am not inclined to impose any punishment upon Mr. Khawaja Shamsul Islam but would admonish him to act prudently in Court in future and will not indulge in acts unbecoming of an officer of the Court. The listed application is allowed to the above extent. Office is directed to place this order before the Honourable Chief Justice and the learned Judges of this Court for perusal. H.B.T./S-37/K???????????????????????????????????????????????????????????????????????? Application allowed.