ROBKAR ADALAT vs TANVIR ILYAS, PRIME MINISTER GOVERNMENT OF AZAD JAMMU AND KASHMIR art

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ROBKAR ADALAT VS TANVIR ILYAS, PRIME MINISTER GOVERNMENT OF AZAD JAMMU AND KASHMIR art. 45---Contempt of court---Derogatory statements against Superior judiciary---Disqualification of Prime Minister (aJ&K)---Unconditional apology---Respondent (Prime Minister) appeared before the Court and admitted the contents of the clippings of the newspaper in open Court---Prima facie in his statement contemptuous wording had been used which was against the prestige and independence of the judiciary---Respondent tendered unconditional apology and placed himself at the mercy of the Court---as the contemner himself admitted remarks pertaining to contempt of Court and he also denied to submit any other objection or reply in response of show cause notice, hence, it could safely be held that his act came within the ambit of contempt of Court under art. 45 of the azad Jammu and Kashmir Interim Constitution act, 1974---article 45 was fully attracted to the speeches made by the respondent-contemnor as he has made derogatory statement against superior judiciary in public meeting, attempted to spoil the prestige of the superior judiciary and also flexed his muscles to prejudice the determination of the cases pending before the High Court (aJ&K)---as the contemnor has tendered unconditional apology before the Court, hence, opting to take a lenient view, the High Court (aJ&K) punished him till rising of the Court under art. 45 of the azad Jammu and Kashmir Interim Constitution act, 1974, and directed that as the respondent had been punished he stood disqualified for being elected or chosen or for being a Member of Legislative assembly or to hold any public office for two years from the date of present order.

ROBKAR ADALAT vs TANVIR ILYAS, PRIME MINISTER GOVERNMENT OF AZAD JAMMU AND KASHMIR art — 2023 PLD 75 HIGH-COURT-AZAD-KASHMIR

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