ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development art — 2022 PLC(CS) 32 ISLAMABAD

Case information

Citation: 2022 PLC(CS) 32 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development art
Subject matter: Constitutional
Provisions referred to: S. 3---C; Court Ordinance (V of 2003); Court Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development art.204---Contempt of Court Ordinance (V of 2003), S.3---Contempt of Court---Scope---Under the Constitution, the judicature is the machinery put in place to enforce the fundamental rights of citizens and adjudicate grievances of citizens against the state and public authorities---article 204 of the Constitution explicitly provides for the punishment of someone who disobeys the order of the court or tends to prejudice the determination of a matter pending before the court---Illegality that attaches to an action taken or order passed by a public authority or official in disobedience of an order of the court or to prejudice the determination of a matter sub judice is sufficient ground for setting aside such action or order for being illegal---Penalty under art. 204 of the Constitution read together with the Contempt of Court Ordinance, 2003, attaches to the person who indulges in contempt of court and is independent of the illegality that mars the action taken or order passed in breach of a court order---allowing the illegal action or order of a contemnor to stand while the contemnor is himself liable to punishment for taking such action or passing such order, would undermine the entire scheme of enforcement of fundamental rights and adjudication of grievances of citizens prescribed by the Constitution and cannot be countenanced.

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