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PROCEEDING IN RELATION TO THE CONTEMPT OF COURT

THE PAKISTAN SUPREME COURT RULES, 1980

(Amended upto 15-1 2-2008)

PART V

ORDER XXVII

PROCEEDING IN RELATION TO THE CONTEMPT OF COURT

1. The Court may take cognizance of its contempt suo motu or on a petition by any person:

Provided that where the alleged contempt consists of willful disobedience of any judgment, decree, direction, order, writ, or other process of the Court or a breach of an undertaking given to the Court or a Judge in Chambers, the Court may take cognizance suo motu or on a petition by the aggrieved person.

2. A petition for proceedings under this Order shall be registered as original petition and the provisions of Order VI Part  I  shall apply as nearly as may be.

3. The petition shall state succinctly and clearly all relevant facts constituting the contempt of the Court and shall be supported by affidavit of the petitioner, if any.

4. Notice of the petition along with the statement of allegations and affidavit, if any, shall be served on the person complained against hereinafter called the respondent. The notice shall require the respondent to appear in person and unless the Court otherwise directs, he shall appear on each subsequent hearing and, if so required, shall enter into recognizance with one or more sureties.

5. Where the alleged contempt consists of willful disobedience of a judgment, decree, direction, order, writ or other process of the Court or a breach of an undertaking given to the Court or a Judge in Chambers by a company registered under the Companies Act, 1913 or a statutory corporation or a partnership firm, the notice shall be served upon each director or partner as the case may be, and such other person who at the time of alleged contempt were incharge of or responsible for the conduct of the company, corporation or firm as the case may be.

6. Where the Court is satisfied by an affidavit or otherwise, that the respondent is avoiding service, it may direct issuance of bail able or non-bail able warrants for his arrest.

7. (1) Where the contempt consists of words or acts of visible signs which tend to prejudice a party to a proceeding before the Court or tend to scandalize the Court or any Judge or otherwise tend to bring the Court or a Judge in relation to his office into hatred, ridicule or contempt, the matter shall, in the first instance, be placed before the Chief Justice and such Judges as the Chief Justice may nominated to consider the expediency or propriety of taking action in the matter.

(2) If the Chief Justice and the Judges referred to in sub-rule (I) decide that action should be taken in the matter, a notice of the proceedings shall issue to the Attorney-General who shall in that event be under a duty to conduct the proceedings.

8. (1) The respondent shall, on the first hearing, file a written statement in answer to the allegations against him and shall be afforded reasonable opportunity to adduce evidence in his defence.

(2) No oath shall be administered to the respondent unless he chooses to appear as his own witness.

9. Notwithstanding anything contained in this Order, where the contempt is committed in the face of the Court or a Judge in chambers, the Court or the Judge, as the case may be, may proceed forthwith to determine the guilt of the respondent and award him punishment under the law.

10. If at any time during the pendency of the proceedings under this Order or thereafter but before the execution of the sentence, the respondent tenders unqualified apology, the Court may consider such apology and make such order as it considers fit.

11. The Court may award such costs as it deems fit in the circumstances of the case. The costs if any, shall be recovered as fine under the Code of Criminal Procedure, 1898.

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