Allama Raja NASIR ABBAS (MWM) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S

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Allama Raja NASIR ABBAS (MWM) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S. 3---Pakistan Prisons Rules, 1978, Rr. 554, 559 & 567---Contempt of Court---Visitation rights of prisoner---Subsequent compliance of Court order---Effect---Petitioner was aggrieved of not allowing him to visit a prisoner in Jail despite specific direction issued by High Court---Respondent/alleged contemnor in his capacity as Jail Superintendent initially did not comply with the order passed by High Court with regard to visiting of friends and family members of prisoner but later on during the pendency of proceedings before High Court he complied with the order in question---Validity---Respondent/alleged contemnor in his capacity as Jail Superintendent was liable to act with more circumspection in respect of Court orders than was exhibited by him---Conduct of respondent/alleged contemnor indicated highhandedness and brazen disregard for the authority of High Court---Prima facie both essential ingredients to constitute "willful contempt" stood proved---High Court could also not overlook the fact that respondent/alleged contemnor arranged petitioner's visit with the prisoner in accordance with the order passed by High Court during pendency of contempt proceedings---Despite gravity of the offence the High Court restrained itself from proceeding further in present Contempt Petition because of the subsequent events, which had reflected that threat of a substantial detriment to administration of justice was averted---High Court expected that in future respondent/ alleged contemnor would exercise greater circumspection and care otherwise if he repeated such omission, he would be dealt with strictly without show of any leniency to him---Contempt petition was disposed of accordingly.

Allama Raja NASIR ABBAS (MWM) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S — 2024 PLD 332 ISLAMABAD

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