MALIK SHAHZAD AHMAD KHAN, C.J:- Brief facts of the present case are that reference (Ex.PC) has been received from the Court of Hon'ble Mr. Justice Sultan Tanvir Ahmad for further contempt proceedings against Zahid Mehmood Goraya, Advocate/respondent as envisaged under sections 3 & 11 of the Contempt of the Court Ordinance, 2003 read with Article 204 of the Constitution of the Islamic Republic of Pakistan, 1973, punishable under section 5 of the ordinance ibid.
2. In Paragraph No.2 of the reference it is stated that on 21.02.2024 at 01:00 p.m. the law officer of the Court (Mr. Abdul Samad, Addl. Prosecutor General, Punjab) disturbed the Court proceedings while talking with another lawyer and exchanging book with him, whereupon the Court asked him to refrain from disturbing the Court proceedings. In the meanwhile, the Court was adjourned for some time and the Hon'ble Judge went to his chamber but when the Hon'ble Judge was sitting in his chamber, Zahid Mehmood Goraya, Advocate/respondent started shouting in the Court room and he displaced highly contemptuous and disorderly conduct by leveling baseless allegations on the Court and he also used contemptuous language directed at the Bench. He further instigated his fellow lawyers to challenge the Court's authority, to file a reference against the judge and despite directions issued by the Court through its staff to maintain order, he persisted in contemptuous shouting and caused video recording of his contemptuous acts through his accomplice. He was called by the Hon'ble Judge in his chamber in order to refrain him from his abovementioned acts but he refused to meet with the Hon'ble Judge and he further added loud contemptuous language against the Court. The contemptuous language used by Mr. Zahid Mehmood Goraya, Advocate/respondent has been reproduced in the reference. Reference (Ex-PC) was also supported by an attested copy of order dated, 14.06.2023, of another learned Bench of this Court passed against the respondent showing that even earlier contempt proceedings were initiated against the respondent wherein he tendered his unconditional apology and undertook to remain careful in future. A letter of the Vice Chairman of the Punjab Bar Council was also available on the record which showed that licence of the respondent has already been suspended by the Disciplinary Committee of the Punjab Bar Council. The reference was also supported by the affidavits of three witnesses/Court staff who were present at the spot at the relevant time. A USB of video recording which the accused/respondent got recorded inside the Court-room and made viral on the social media was also annexed with the reference, therefore, it was desired in the reference that as the respondent Advocate has committed willful contempt of the Court, undermined the authority of the Court, jeopardized its respect and attempted to shake public trust on the legal system, therefore, further contempt proceedings be initiated against the respondent and the same be concluded in accordance with the law.
3. In the light of above and after going through the contents of the reference, as well as, supporting material, a show-cause notice was issued against Zahid Mehmood Goraya, Advocate/respondent (contemnor), on 01.04.2024, to show-cause that as to why further contempt proceedings may not be carried out against him and the next date of hearing was fixed for 03.04.2024. The respondent was also directed to appear in person before the Court on the next date i.e., 03.04.2024. On 03.04.2024, Zahid Mehmood Goraya, Advocate respondent/contemnor did not appear before the Court in violation of abovementioned order dated 01.04.2024 of this Court, therefore, his bailable warrants of arrest in the sum of Rs.5,00,000/-, were issued to procure his attendance and the next date of hearing was fixed for 04.04.2024. In compliance of the above-referred order, Zahid Mehmood Goraya, Advocate respondent/contemnor was arrested by the police and produced before the Court on 04.04.2024. On the said date he (respondent) also verified that he had received a show-cause notice of this case. He was heard at length regarding the allegations levelled against him in the reference and after hearing him, this Court came to the conclusion that matter needed further proceedings as per law in this case, therefore, the case was adjourned for 05.04.2024, for framing of charge against the respondent/contemnor. On 05.04.20244, charge was framed against Zahid Mehmood Goraya, Advocate/respondent in the open Court. He pleaded not guilty to the charges and submitted that he may be allowed to cross-examine the witnesses, who had submitted their affidavits against him in the reference. Thereafter copies of reference sent by the Court of Hon'ble Mr. Justice Sultan Tanvir Ahmad, the statements/affidavits of Rana Zahid Bashir, Additional Registrar (Court Secretariat), Muhammad Yasir Hafeez (Court Associate), Faisal Mehmood (Office attendant), copy of order dated 14.06.2023, in Writ Petition No.37308-H of 2023 and copy of letter of Vice Chairman, Punjab Bar Council were delivered to the respondent. Learned Prosecutor General also furnished list of witnesses before the Court on 05.04.2024. The said witnesses were summoned by this Court for cross-examination as envisaged under section 17 of the Contempt of Court Ordinance, 2003 and the next date of hearing in the matter was fixed for 08.04.2024. Today i.e., 08.04.2024, evidence of three witnesses were recorded. The respondent was allowed to cross-examine the said witnesses who were cross-examined at length by learned counsel for the respondent. After completion of above proceedings, the arguments of learned Prosecutor General, as well as, learned counsel for the respondent were heard. Even Zahid Mehmood Goraya, Advocate/respondent was also heard in person. The documentary evidence was also produced in this case by the abovementioned witnesses as well as by learned Prosecutor General Punjab in the shape of affidavits Ex.PA (relating to Rana Zahid Bashir, Additional Registrar (Court Secretariat), Ex.PB (relating to Faisal Mehmood, Court Attendant), reference sent by Hon'ble Mr. Justice Sultan Tanvir Ahmad (Ex.PC), USB of the alleged incident (Ex.PD) (under objection), affidavit of Mian Muhammad Rafi (Acting Secretary) Punjab Bar Council (Ex.CW-1/A), letter dated 25.03.2024 of the Vice Chairman Punjab Bar Council (Ex.CW1/B) proceedings against Zahid Mehmood Goraya, Advocate/respondent before the Disciplinary Committee Punjab Bar Council, Lahore (Ex.CW 1/B), copy of order dated 14.06.2023 in Writ Petition No.37308-H of 2023 (Mark-CW- 1/A), copy of writ petition No.37308-H of 2023 (Mark-CW-1/B), copy of writ petition No.58239/2022 (Ex.CW-1/D), order dated 27.09.2022 in W.P.No.58239/2022 (Ex.CW-1/E), copy of notification dated 25.09.2023 of the Secretary Islamabad Bar Council Mark "A", copy of FIR No.246/2011 (Mark-B), copy of FIR No.189/2017 (Mark-C) and copy of FIR No.620/2021 (Mark-D).
4. It is contended by learned Prosecutor General Punjab that the offence under section 3 of the Contempt of Court Ordinance, 2003 has fully been proved against the respondent/contemnor beyond the shadow of any doubt; that the respondent/contemnor could not establish any malafide against the witnesses of this case; that the respondent is a hardened criminal, who earlier tendered unconditional apology in the Court of Hon'ble Mr. Justice Ali Zia Bajwa and undertook to remain careful in future but he has repeated the offence; that the licence of the respondent was suspended by the Disciplinary Committee of the Punjab Bar Council vide its order dated 09.10.2021 as five complaints of different persons including High Court Bar Association, Lahore were received against the respondent but inspite of the suspension of his licence, the respondent/contemnor has repeatedly been appearing before the Court, which is another offence; that the respondent is involved in seven criminal cases; that the licence of the respondent/contemnor has also been suspended by the Islamabad Bar Council; that the respondent does not deserve any leniency, therefore, he may be awarded an exemplary punishment.
5. On the other hand, it is contended by learned counsel for the respondent that the learned Judge was not available in the Court room, when the alleged occurrence took place; that the respondent cannot imagine to commit willful or deliberate contempt of any Court; that the respondent being a professional lawyer has a lot of respect for the Courts; that even the witnesses were not present at the time of alleged incident, therefore, their evidence is not worthy of reliance; that the respondent was earlier involved in different false criminal cases but he has been acquitted from all the said cases; that this Hon'ble Court has already suspended the order of the Disciplinary Committee of Punjab Bar Council dated 09.10.2021, through which the licence of the respondent was suspended; that the offence of contempt of Court could not be proved against the respondent beyond the shadow of doubt, therefore, the reference against the respondent may be dismissed; that even otherwise, the respondent is ready to tender unconditional apology before this Court as well as before Hon'ble Mr. Justice Sultan Tanvir Ahmad.
6. Arguments heard. Record perused.
7. As mentioned earlier, instant reference (Ex.PC) has been sent to this Court by the Court of Hon'ble Mr. Justice Sultan Tanvir Ahmad with the allegation that on 21.02.2024, at 1.00 p.m, Hon'ble Mr. Justice Sultan Tanvir Ahmad restrained his law Officer (Mr. Abdul Samad, Additional Prosecutor General, Punjab) from disturbing the Court proceedings when he was talking to another advocate and exchanging book with him and thereafter the Hon'ble Judge adjourned the Court proceedings for a little while and went to his chamber. In the meanwhile the respondent started shouting in the Court room and displayed highly contemptuous and disorderly conduct by vociferously levelling baseless accusations against the Court and also engaged in an outburst laden with contemptuous language directed at the bench, which itself constituted a direct affront and insult to the authority of the Court thereby undermining its dignity. Respondent further incited fellow lawyers to challenge the Court's authority and to file a reference against the Hon'ble Judge and despite a direction issued by the Court through its staff to maintain order, the respondent persisted in contemptuous shouting and caused video recording of his contemptuous acts. The respondent was called by the Court in chamber through Court staff but he not only refused but also further added loud contemptuous language against the Court. The contemptuous language was used by the respondent in the open Court in presence of Law Officers, Court Staff, Government Officers/Officials and the general public. The respondent while addressing Mr. Abdul Samad, Additional Prosecutor General, Punjab shouted in the Court as under:- {{URDU TEXT}} It was further stated in the reference that the respondent insisted to the law Officer while shouting in the Court that he should immediately write a reference against the Judge and the respondent, as well as, all other advocates shall support him. The respondent then tried to scandalize all the Judges of this Court and used the following contemptuous remarks:- {{URDU TEXT}} In the meanwhile when the shouting of the respondent was heard by the Court in the chamber then the Court asked its staff (Rana Zahid Bashir, Private Secretary, Muhammad Yasir Hafeez, Court Associate and Faisal Mehmood, Office Attendant) to direct the respondent to come in the chamber so that respondent may be pacified and refrained from his above referred contemptuous acts, but when the message was conveyed to the respondent by Rana Zahid Bashir, Private Secretary and Faisal Mehmood, Office Attendant being members of Court staff, the respondent also misbehaved with them and refused to meet the Court while shouting as under:- {{URDU TEXT}} The respondent further shouted and declared as under:- {{URDU TEXT}} The respondent also shouted in the Court as under:- {{URDU TEXT}} It has further been mentioned in the reference that the respondent got recorded the video of the incident through his accomplice and thereafter made the same Viral on social media in order to bring the authority of the Court into disrespect and disrepute.
8. In order to prove the allegations of willful and deliberate contempt of the Court by the respondent, Rana Zahid Bashir, Additional Registrar (Court Secretariat) and Faisal Mehmood, (Office Attendant) appeared before this Court as PW-1 & PW-2, respectively. They while narrating the details of the incident of 21.02.2024, in their affidavits (Ex.PA & Ex.PB), respectively reiterated the facts mentioned in the reference against the respondent. Faisal Mehmood, Office Attendance (PW- 2) further stated that at the relevant date and time, door of the chamber of the Hon'ble Judge was semi-open and the Hon'ble Judge has also himself heard the contemptuous shouting of the respondent. The abovementioned witnesses were cross-examined at length by learned counsel for the respondent but their evidence could not be shaken. They remained consistence on all material aspects of the case. Rana Zahid Bashir, Additional Registrar (Court Secretariat) and Faisal Mehmood, (Office Attendant), (PW-1 & PW-2) both are officials of the Court of the Hon'ble Mr. Justice Sultan Tanvir Ahmad, where the incident took place and they were at their duties on the relevant date and time and as such they are natural eye-witnesses of the incident. The respondent could not establish any malafide against the above-mentioned witnesses. Their evidence is trustworthy and confidence inspiring.
The Acting Secretary Punjab Bar Council namely Mian Muhammad Rafi also appeared before the Court as a Court witness (CW-1) and produced different documents/orders from the record of the Punjab Bar Council. He also produced different documents/orders from the record of the Punjab Bar Council during the cross-examination of the learned Prosecutor General Punjab. He stated that the licence of the respondent was suspended on account of five complaints lodged by different complainants against the respondent and out of the said five complaints, one complaint was lodged by the High Court Bar Association, Lahore. He produced documentary evidence against the respondent showing that as per decision of the Disciplinary Committee of the Punjab Bar Council dated 09.10.2021, the licence of the respondent was suspended. Attested copies of order dated 27.09.2022 and attested copy of writ petition No.58239/2022, were also tendered in evidence as (Ex.CW-1/E & Ex.CW-1/D). He further brought on the record that the respondent through concealment of facts got issued no objection certificate (N.O.C) for transfer of his licence from the Punjab Bar Council to Islamabad Bar Council and when this fact was brought into the knowledge of the Disciplinary Committee of the Punjab Bar Council along with five (05) complaints against the respondent, the licence of the respondent was suspended by the said committee vide the abovementioned order dated 09.10.2021. He also brought on the record the copy of notification dated 25.09.2023, of the Secretary Islamabad Bar Council Mark "A", which shows that the licence of the respondent has also been suspended by the Islamabad Bar Council. The respondent when confronted with the abovementioned document Mark "A", could not controvert the said document rather he frankly conceded that his licence has been suspended by the Islamabad Bar Council.
Although learned counsel for the respondent argued that the abovementioned order dated 09.10.2021, of the Punjab Bar Council was suspended by this Court vide order dated 27.09.2022, in Writ Petition No.58239 of 2022 but attested copy of the said order (Ex.CW-1/E) and grounds of writ petition (Ex.CW-1/D) filed by the respondent have been perused and there is no mention of order dated 09.10.2021, in the above-referred order of this Court as well as in the grounds of writ petition filed by the respondent before this Court, therefore, it cannot be held that in-fact order dated 09.10.2021, of the Punjab Bar Council has been suspended by this Court.
9. It is also noteworthy that according to the copy of order dated 14.06.2023 (Mark-CW-1/A) in W.P.
No.37308-H of 2023 (Mark-CW-1/B), another contempt proceedings were also initiated against the respondent by the Court of Hon'ble Mr. Justice Ali Zia Bajwa, however, during the said proceedings, the respondent tendered unconditional apology and thereafter his case was dismissed as having been withdrawn with the cost of Rs.50,000/-. Through the abovementioned order, the Court also referred the matter for disciplinary proceedings against the respondent to the Punjab Bar Council.
The respondent present before the Court has conceded that he deposited the amount of fine of Rs.50,000/- imposed upon him vide the abovementioned order dated 14.06.2023, in the dispensary of the High Court Bar Association, Lahore. It is further noteworthy from the perusal of abovementioned order, dated 14.06.2023 that the respondent expressed his regrets over his act and undertook before the Court that he will not repeat the same in future but it is evident that the respondent has repeated the offence of the contempt of the Court and violated his above-referred undertaking given to the Court.
10. It is further noteworthy that copies of three FIRs have also been produced in the evidence as (Mark-B, Mark-C and Mark-D) by the Prosecutor General Punjab. The respondent present before the Court did not deny the registration of the said FIRs against him rather he has further disclosed that as many as seven FIRs in Tehsil Daska, District Narowal were lodged against him but he took the plea that he had been acquitted from all the said cases.
11. After going through the abovementioned evidence (oral as well as documentary), produced against the respondent, I have come to this irresistible conclusion that Zahid Mehmood Goraya, Advocate/respondent has committed willful and deliberate civil, criminal and judicial contempt of the Court of Mr. Justice Sultan Tanvir Ahmad, as envisaged under sections 3 & 11 of the Contempt of Court Ordinance, 2003, read with article 204 of the Constitution of Islamic Republic of Pakistan, 1973, punishable under section 5 of the Contempt of Court Ordinance, 2003. The charge under section 5 of the Ordinance ibid against the respondent has fully been proved beyond the shadow of any doubt.
12. In the light of above, Zahid Mehmood Goraya, Advocate (respondent/contemnor) is convicted for the offence under section 5 of the Contempt of Court Ordinance, 2003 and sentenced to six months simple imprisonment with fine of Rs.1,00,000/- (Rupees one hundred thousand only), which shall be recoverable as arrears of land revenue, failing which the law shall take its own course. This order is announced in the open Court. Zahid Mehmood Goraya, Advocate (respondent/contemnor), is present before the Court on bail. He be taken into custody and sent to jail to serve out his sentence.
13. Insofar as the offences of recording of video of the incident inside the Court-room and making the said viral are concerned, at present, I would not like to give any finding in this respect, however, the said matter is referred to the police station FIA Circle, Lahore. The FIA authorities of the said police station are directed to hold an inquiry in this respect and after holding any inquiry, if it is concluded that some offence(s) is/are made out in this case, then FIA authorities shall proceed against the responsible person(s) in accordance with the law with the intimation to the Deputy Registrar (Judl.) of this Court within a period of four weeks from today. It is, however, clarified that as envisaged under section 6 of the Contempt of Court Ordinance, 2003, the present contempt proceedings and nothing contained in this judgment shall create any bar against any other criminal proceedings including the above-referred proceedings of FIA authorities, which may be initiated against the respondent of the present case or any other person found responsible for committing the abovementioned offence(s).
14. Above are the detailed reasons of my short order, dated 08.04.2024.
15. Before parting with this judgment, it is pertinent to mention here that during the pendency of the present reference/contempt proceedings, the Office Bearers of the High Court Bar Association, Lahore and the Office Bearers of the District Bar Association, Lahore along with several other Advocates appeared before the Court on behalf of the respondent. They were clarified that there was no need of appearance of so many Advocates on behalf of the respondent in this case because the same does not leave a good impression on the general public and it also gives an impression that the Advocates and Office Bearers of the BAR are putting pressure on the Court for a favourable decision. The Office Bearers of the abovementioned Bar Associations were further told that the matter of contempt is between the Court and the contemnor, therefore, only three Advocates can be allowed to appear before the Court on behalf of the respondent. It is highly appreciable that the Office Bearers of the High Court Bar Association, Lahore, as well as, the Office Bearers of the District Bar Association, Lahore along with other Advocates left the rostrum of the Court after making their brief submissions and thereafter they never appeared before the Court on behalf of the respondent, while leaving the matter at the judicial discretion of the Court. The said act of the abovementioned Office Bearers of the BARs and Advocates, of showing respect to the institution is highly commendable. It is expected that all other Bar Associations of the Province of Punjab and Pakistan shall also follow the same example. It is further observed by this Court that overwhelming majority of the Advocates are law abiding citizens. The Advocates and the Bar Associations of the country have rendered countless sacrifices for the independence of the judiciary and supremacy of the law and the Constitution. The support of the Lawyers/Bar Associations is mandatory for a strong judiciary and likewise the support of the judiciary is also mandatory for the strong Bar Associations. It is, therefore, observed that maximum efforts should be made to avoid any conflict between the Bar and the Bench. It is also expected from the Bar Associations that they will follow the abovementioned example of the High Court Bar Association, Lahore and the District Bar Association, Lahore and they will not appear in groups before the Courts to put pressure on the judiciary for a favourable decision. It is also expected that all the Bar Associations of Pakistan shall discourage the culture of strikes and lock downs of the Courts and they will extend their full cooperation to the judiciary in this respect. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.