SHAMSUDDIN ABBASI, J. This Contempt of Court Reference is assigned to me by Hon'ble Chief Justice of this Court, for disposal in accordance with law.
2. Brief facts leading to instant reference are that a Criminal Misc. Application under Section 491 of the Code of Criminal Procedure, 1898 ("Cr.P.C.") was filed by one Mst. Zubaida Jamali before the Sessions, Judge, Kamber-Shahdadkot @ Kamber, seeking recovery of her husband namely, Zahid Jamil ("detenue"), allegedly illegally detained by SHO Police Station A-Section Shahdadkot. In order to ascertain as to whether the "detenue" was illegally confined as claimed in the habeas corpus petition, Mr. Siraj Ahmed Shar, Civil Judge/Judicial Magistrate-I, Shahdadkot, was appointed as commissioner to conduct a surprise raid at P.S. A-Section Shahdadkot. In compliance thereof, he visited P.S. on 15.09.2023 and furnished a raid report to the Sessions Judge, Kamber-Shahdadkot @ Kamber on the same day, which is reproduced here as under:-- "With reference to above subject, I have the honour to submit that undersigned paid surprise visit at Police Station A-Section Shahdadkot for recovery of alleged detenue namely Zahid son of Nabi Bux by caste jamali. At about 1315 hours the undersigned firstly seized the Roznamcha book. The undersigned all of sudden heard the loudly noises front one room which was adjacent to the police lock up within the premises of P.S. A-Section Shahdadkot. Undersigned sensed the foul play in the police station so as a matter of abundant caution undersigned recorded the video of raid proceedings. The undersigned along with his driver/gunman, WHC Ameer Jan Magsi and one WPC of P.S. A-Section rushed there. Undersigned got opened the door of said room and found 10/12 persons detained there as well as saw one police constable inside the room of them, one person made cries/weeping and stated that he has been illegally detained by police for 5/6 days, and police have also maltreated him. The undersigned enquired from him about his identity, to which he disclosed his name as Zahid son of Nabi Bux Jamali (husband of applicant). The undersigned brought the above named detainee at the office of P.S. A-Section and undersigned enquired from the WHC and WPC about any criminal case against the detainee Zahid son of Nabi Bar Jamali.
WHC and WPC informed the undersigned that no any case/entry and criminal record is available at the P.S. A-Section Shahdadkot against the alleged recovered detainee. When undersigned just started to keep entry in Roznamcha entry book, where all of sudden SHO A-Section Anwar Ali Brohi come over there and he started to misbehave with undersigned and used abusive language to the undersigned and also tortured the alleged detainee in front of the undersigned. SHO snatched the Roznamcha entry hook as well as cell phone from the hands of undersigned. SHO Anwar Ali Brohi had committed assault by using criminal force upon the undersigned and so many times he tried to slap as well as he deterred the undersigned from performing his lawful duty. Such scenario has taken place for about 15/20 minutes within the premises of Police Station. After that said SHO forcibly took away all those illegally detained persons including the alleged detainee in his police mobile. Thereafter, SHO 4-Section Shahdadkot Anwar Brohi had wrongfully confined the undersigned in the office within the premises of the Police Station and also closed the main outer door of P.S. through his sub-ordinate police officials. Thereafter about 20 minutes later SHO opened the main outer door of P.S. A-Section and undersigned left the P.S. A-Section Shahdadkot without keeping entry in Roznamcha entry book. The said video clip is enclosed in shape of USB for your honour's kind perusal.
The report is respectfully submitted for your honour's kind perusal and necessary legal action against official delinquent".
3. Having gone through the raid report. the learned Sessions Judge Kamber-Shahdadkot alias Kamber, while observing commission of cognizable offences made a Reference to the Registrar of this Court on 18.09.2023, seeking initiation of contempt proceedings against 51-10 Ali Anwar Brohi, PC Hassand Magsi and PC Nadir Brohi of P.S. A-Section Shahdadkot, which resulted into present proceedings. In terms of order dated 19.09.2023, show cause notices under sections 3 and 4 of contempt of Court Ordinance, 2003 read with Article 204 of Constitution of Islamic Republic of Pakistan,1973 were issued as to why Contempt of Court Proceedings should not be initiated against them. All the three alleged contemnors have filed their reply through their council, whereby they denied the allegations.
4. The three contemnors through statement/application dated 02.10.2023 had tendered unqualified and unconditional apology and placed them at the mercy of this Court. The same was not accepted looking to the nature of accusation in order to frame the charge. However, charge against them was framed on 03.10.2023 to which they pleaded not guilty and claimed a trial.
5. The witnesses were in attendance on 04.10.2023, when alleged contemnors filed another statement/application with their supporting affidavits, whereby they tendered unqualified and unconditional apology and placed them at the mercy of this Court.
6. The learned counsel submits that the alleged contemnors do not want to contest the matter on merits and left them at the mercy of this Court and prayed for taking lenient view. It is next submitted that the contemnors assure not to commit any act like the present one and tendered unconditional apology. The learned counsel submits that when a accused tendered unconditional apology and placed himself at the mercy of the Court, then it would be better to set him free rather to award conviction. He further contended that that the contemnors are police officials and any action adverse to them shall ruin their entire service record and their families shall also suffer an irreparable losses and injuries, hence justice demands that they may be set free on humanitarian grounds.
7. On the other hand, the learned Additional Prosecutor General has controverted the submissions of the learned counsel for the contemnors and submitted that the allegations against the contemnors are serious in nature, accused deserve no leniency. It is next submitted that the contemnors have deterred a judicial officer to perform his legal duties, misused their powers and also misbehaved him, which leads to an irresistible conclusion that they have no respect for Court.
Learned APG, therefore, prayed that the accused may be convicted on the basis of their admission of their guilt.
8. Heard and perused records minutely.
9. What emerges from the record is that contempt proceedings were initiated against the contemnors because of the gravity of their conduct and physical abuse to deter a judicial officer from performing his lawful duties and created hurdles in the course of justice. From their conduct/actions, it is proved that the alleged contemnors have taken the law into their hands in an organized manner prejudicial to administration of justice and the course of justice. The power of contempt has been provided and described in section, 3 read with section 4 of Contempt of Court Ordinance, 2003.
10. The nature of proceedings under the Ordinance of 2003 are not in a strict sense a criminal trial under the Code of Criminal Procedure, 1898 but are sui generis in nature. The purpose of such proceedings was not to wreak vengeance, nor was it related to the ego of a judge to punish the contemnor but, rather, to vindicate the honour and dignity of the Court so as to maintain and strengthen the confidence of the general public in the judicial system and to keep the justice system away from any obstructions. Law of contempt was meant to maintain the efficacy of the Courts of justice and to secure public confidence in the administration of justice. Needless to mention here that District Judiciary is the back bone of our judicial system and it is duty of this court to safe guard and protect the honour of judicial officers.
11. A bare perusal of the record reveals that the alleged contemnors in term of the two statements/applications, supported by their affidavits, have tendered unconditional apology and placed them at the mercy of this Court, stating therein that they were not aware of the consequences of their wrong doings. The acts of the contemnors deterring a judicial officer from performing his lawful duties in the matter of a habeas corpus petition, pending before a Court of competent jurisdiction, by no stretch of imagination be regarded as an act of bona fide and permitting such actions would amount to supplant the rule of Law. The contemnors have attempted to obstruct the administration of justice and through their acts they have tended to prejudice the determination of a matter pending before a Court of competent jurisdiction, which constitutes criminal contempt. They have also shown 'their high handedness and tried to interfere in a lawful process, which was likely to lower the prestige of a judicial officer as well as judicial system. Their acts were intended and calculated to impede, obstruct and divert the administration and course of justice. They have also physically assaulted, misbehaved with learned Magistrate and snatched roznamcha entry book as well as cell phone from his hands and confined him within the premises of P.S for 15/20 minutes by locking the outer gate of P.S. This Court, however, despite the gravity of the offence and admission of the contemnors is inclined to take lenient view against the conternnors for the reasons that they realized their wrongdoings, tendered unconditional apology and placed themselves at the mercy of this Court, therefore, deserve to be extended with some leniency. The Hon'ble apex Court in an unreported judgment, delivered in the case of Sultan Ahmed v Registrar, Balochistan High Court, Quetta and others, observed as under:- "8. While elaborating his second contention, the learned counsel for the appellant submitted that if the High Court was not to accept the apology of the appellant, it should have framed a proper charge against the appellant, examined the witnesses in his presence and allowed him to cross- examine them. This submission appear to have been made in the oblivion of the import of an unqualified apology. An unqualified apology tendered by the person accused of having committed the contempt of court necessarily means that he admits his guilt and submits the apology in the realization of the fact that he has done a wrong, for which he repents and seeks forgiveness. In cases where the accused tenders an unqualified apology, there remains on need of framing the charge and recording the evidence. Therefore, the conviction of the appellant by the High Court on the basis of his admission made through submitted an unqualified apology does not in any way offend Article 10-A of the Constitution".
12. For what has been discussed above, I am of the view that police officials have committed contempt of court and they are liable to be punished in accordance with law, however, placing reliance on the case law, referred above, while taking a lenient view, I hereby convict all three contemnors namely, SHO/SIP Ali Anwar Brohi, PCs Hassand Magsi and Nadir Brohi under Section 3 read with section 4 of the Contempt of Court Ordinance, 2003 and sentenced them to undergo rigorous imprisonment for two months each and to pay a fine of Rs.25,000/ each and in case of non-payment of fine, they shall suffer simple imprisonment for a period of seven days more in lieu of fine. Alleged contemnors/police officials are present in the court, they are taken into custody and remanded to jail to serve out sentence awarded to them.
13. This Criminal Reference No.S-03 of 2023 stands disposed of in the foregoing terms.