Dr. MANZOOR HUSSAIN MALIK vs Mahar MUHAMMAD KHALID AHMAD, ADDITIONAL COMMISSIONER (REVENUE), BAHAWALPUR Ss

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Dr. MANZOOR HUSSAIN MALIK VS Mahar MUHAMMAD KHALID AHMAD, ADDITIONAL COMMISSIONER (REVENUE), BAHAWALPUR Ss. 2(a)(iii)(iv), 3 & 12(2)---Contempt proceedings---Object, purpose and scope---Civil contempt, distinct from other forms of contempt---Common feature in all three types of contempt is that the Court may initiate contempt proceedings suo motu or on information provided by an informer---Criminal contempt brings moral authority of Court into disrepute and encompasses a host of situations which the Court by exercising its contempt jurisdiction is required to deal effectively to ensure due process regarding all aspects of free and fair trial as ordained by applicable law without causing prejudice to rights and interests of all stakeholders---Judicial contempt aims to protect, preserve and uphold the authority, sanction and dignity of Court---Civil contempt is conspicuously different and is deliberately expanded in terms of its manifestations and ramifications---This is the only type of contempt that speaks of an "order" and includes the expression "interim" or "final", a "judgment" or "decree", or a "writ or order" passed in constitutional jurisdiction within the contemplation of overarching term "order" employed in S. 2(a) of Contempt of Court Ordinance, 2003---Civil contempt is expanded to include "an undertaking given to and recorded by a Court" and "the process of the Court" itself as contained in S. 2(a)(iii) & (iv) of Contempt of Court Ordinance, 2003---Such conscious attempt on the part of the Legislature to expand power in cases of civil contempt is fortified by unflinching declaration under S. 12(2) of Contempt of Court Ordinance, 2003, to the effect that provisions relating to civil contempt are in addition to and not in derogation of power of Court under any law for the time being in force to enforce its orders, judgments or decrees---Civil contempt can only be initiated if there is an order which is duly served upon alleged contemnor and there is "willful" and "mala fide" non-compliance of such order by contemnor who is a party in proceedings in his personal capacity.

Dr. MANZOOR HUSSAIN MALIK vs Mahar MUHAMMAD KHALID AHMAD, ADDITIONAL COMMISSIONER (REVENUE), BAHAWALPUR Ss — 2024 PLD 109 LAHORE-HIGH-COURT-LAHORE

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