State vs IRFAN NAWAZ MEMON, DISTRICT MAGISTRATE Ss — 2024 PLD 256 ISLAMABAD

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State VS IRFAN NAWAZ MEMON, DISTRICT MAGISTRATE Ss. 2(b), 3, 4, 6(1)(c), 18(1) & 19---Criminal Procedure Code (V of 1898), S. 382-A---Constitution of Pakistan, Art.204---Contempt of Court---Court orders, violation of---Administration of justice, obstructing of---Diverting course of justice---Minor sentence, postponement of---Respondents/contemnors were Deputy Commissioner and Police Officials who were alleged to have issued detention orders despite specific restraining orders issued by High Courts---Validity---Respondents/contemnors obstructed process of High Courts and disobeyed their orders in terms of S. 204(2)(a) of the Constitution---Respondents/contemnors had taken actions with intent and their actions had the effect of obstructing administration of justice within the meaning of S. 2(b) of West Pakistan Maintenance of Public Order Ordinance, 1960---Actions of respondents/contemnors in soliciting and issuing detention orders under West Pakistan Maintenance of Public Order Ordinance, 1960, especially order dated 08-08-2023, had the effect of diverting the course of justice within the meaning S. 6(1)(c) of West Pakistan Maintenance of Public Order Ordinance, 1960 read together with Art. 204(1)(d) of the Constitution---Actions of respondents/ contemnors constituted contempt of court by causing substantial detriment to the administration of justice and had brought court system, as a machinery for enforcement of fundamental rights, into ridicule in terms of S. 18(1) of West Pakistan Maintenance of Public Order Ordinance, 1960---Necessary ingredients (i.e. actus reus and mens rea) that comprised offence of contempt co-existed for the purposes of establishing charge of contempt---It was the effect of an act and not subjective intent of respondents/contemnors that was relevant---Effect of action of respondents/contemnors was not merely to exhibit blatant and contumacious contempt of court, but such contempt was of a nature that caused substantial detriment to administration of justice---High Court convicted all respondents/contemnors and awarded different sentences of simple imprisonment, with all less than one year---Respondents/contemnors had right to appeal the verdict before Division Bench of High Court within 30 days pursuant to S. 19 of Contempt of Court Ordinance, 2003---As the sentences were short and convicted respondents were public servants who did not pose a flight risk, therefore, sentences awarded were suspended for 30 days to enable respondents/contemnors to avail their remedy of appeal---High Court directed Federal Government to investigate whether there was an organized policy to use detention orders issued under West Pakistan Maintenance of Public Order Ordinance, 1960, to scuttle fundamental rights of citizens and undermine the judiciary---High Court directed that such investigation should be meaningful, must be undertaken and overseen by head of the Executive branch of the State---High Court desired Prime Minister of Pakistan, to investigate whether Deputy Commissioners across Pakistan who continued to issue detention orders under West Pakistan Maintenance of Public Order Ordinance, 1960, in breach of law and Constitution and judicial orders were acting in an organized manner on the basis of illegal orders, and if so, take appropriate remedial action to ensure that the authority of the State to be exercised through chosen representatives of people would continue to be exercised according to the Constitution and the law---Respondents/contemnors were convicted and sentenced accordingly.

State vs IRFAN NAWAZ MEMON, DISTRICT MAGISTRATE Ss — 2024 PLD 256 ISLAMABAD

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