1. An. Application dated. 22nd July 1969 was a made by Muhammad Bachal son of Sono Khan, Solangi resident of Naushero Feroz, District Nawabshah, to the Governor and Martial Law Administrator, West Pakistan, Lahore with a copy to his Lordship the Chief Justice of West Pakistan High Court, Lahore, making certain allegations against Mr. Muhammad Saleh, Civil Judge and 1st Class Magistrate. This application was for--warded to Karachi Bench for necessary action. The District Judge, Nawabshah was directed to hold an inquiry and make a report. Evidence was tendered before him by Muhammad bachal as well as by Mr. Muhammad Saleh, Civil Judge. In support of the allegations made in the application the statements of Bachal, Mst. Zulekha wife of Bachal, Saeed-Khan, Guhram, Razi, Iqbal, Mst. Janat, Mst. Mariam and Mr. Massu Khan Advocate were recorded. On the basis of the inquiry the District Judge made a report on the basis of which this matter was transferred to judicial side to draw contempt proceedings against the aforesaid persona, and show-cause notices were issued to them. They submitted their explanation to this Court.
2. Now I proceed to examine the case of the aforesaid persons separately.
3. I will first take up the case of Bachal. His case is very simple. It is an admitted position that he had made an applica--tion to the Governor and Martial Law Administrator, Zone A, Lahore, with a copy to his Lordship the Chief Justice of West Pakistan High Court, Lahore. In this application several allega--tions were made against Mr. Muhammad Saleh, Civil Judge. The substance of those allegations are that Mr. Muhammad Saleh had contracted illicit connections with Mst. Moomal daughter-in-law of Ghulam Muhammad who was father-in-law of Bachal, and both of them were found in a compromising position by Mst. Zuaekha wife of Bachal. On account of this Ghulam Muhammad was prevented from sending his daughter-in-law to the house of the Civil Judge whereupon the Civil Judge got annoyed and got Noor nephew of Bachat implicated in a false case under section 109, Cr. P. C. With the active assistance of the police. It was further stated that Mr. Muhammad Saleh, Civil Judge was present when Noor was produced before the Mukhtiarkar and Ist Class Magistrate, Nausbero Feroze and at his instant Noor was con--victed: Again on the night of 21st July 1969. The police raided the house of Bachal and maltreated him. It was disclosed by the police that they had been directed by Mr. Muhammad Saleh, Civil Judge to put them in jail. All the male members were taken to the police station and confined in the lock-up. Then they were told to tender apology to Mr. Muhammad Saleh but they refused. They remained in jail for the whole night and were released on the next day. On the morning of 21st July 1969 the Civil Judge sent for Haji Khan, Head Constable and directed him to arrest. Them. On several occasions they were confined to the lock-up at the instance of the Civil Judge. It was further apprehended that the Civil Judge would involve theta in marl cases. The Civil Judge was supplying clothes and food to Mst. Moomal.
4. These allegations were repeated by Bachal in his affidavit dated 5th August 1969, filed before the District and Sessions Judge. Nawabshah, as well as in the statement recorded by the District Judge.
5. He repeated the allegations in the explanations filed in this Court.
6. The second person is Mst. Zulekha wife of Bachal. She was examined by the District Judge, Nawabshah and in that statement she stated that she and Mst. Moomal used to work in the house of Mr. Muhammad Saleh, Civil Judge. After working for about a year or so she stopped working in the house but Mst. Moomal continued to work. Some the ago at about 7 a.m. Mst. Moomal told her to accompany her to the house of the Civil Judge but she went after about, an hour. The door of the bed room was not properly closed. She opened the door and found the Civil Judge and Mst.
7. Moomal lying naked on the bed and by that the they had finished the sexual intercourse. Both of them saw her. She had then withdrawn and waited in the courtyard till Mst. Moomal joined her and thereafter the Civil Judge left for the Court. She had abused Mst. Moomal. She further stated-- that when she returned to house she related -the incident to her father and uncle. Mst. Moomal persuaded the Civil Judge to harass them and Noor was convicted at the instance of the Civil Judge. The Civil Judge also arranged a raid on their house and she was beaten by the police. She repeated allegations in the explanations filed in this Court.
8. The third person is Said Khan. He stated on the same evening he came to know from his parents about the incident between Mst. Moomal and the Civil Judge. Thereafter every week or so police had been calling them at the police station and beating them. The police had resorted to beating after the Civil Judge and Mst. Moomal were found in sexual intercourse.. Noor was convicted under section 109, Cr. P. C. At the instance of the Civil Judge. The Civil Judge was also present at the the when the proceedings against them were taken by the Mukhtiarkar and Ist Class Magistrate and he was convicted. He. Repeated. The allegations in the explanations filed in this Court.
9. The fourth person is Guhram. He stated that the daughter---in-law of Ghulam Muhammad had developed intimacy with the Civil Judge and, therefore, they had been troubled by him. He repeated the allegations in the explanations filed in this Court.
10. The fifth person is Razi. He stated that the Civil Judge and Mst. Moomal had accompanied the police to their house where--from the police arrested him as well as Bachal, Guhram and Iqbal on the charge of gambling. All this was done at the instance of the Civil Judge who was prevailed upon by Mst. Moomal. He repeated the allegations in the explanations filed in this Court.
11. The sixth person is Iqbal who is aged 14 years and is son of Bachal. He stated that trouble arose because Mst. Moomal used to make complaint to the Civil Judge against them. One day the S. I. P.
12. And the police constables came and beat them. Thereafter they were challaned. None else was with the police. He repeated the allegations in the explanations filed in this Court.
13. The seventh witness is Mst. Janat wife of Arbab. She stated' that Mst. Zulekha bad told them that she had found the Civil Judge and Mst. Moomal in a state of intimacy. She further stated that the Civil Judge on the complaint of Mst. Moomal sent for Noor in the Court of the Mukhtiarkar and got him punished. She repeated the allegations in the explanation filed in this Court.
14. The eighth person is Mst. Mariam wife of Said Khan. She stated that the Civil Judge at the instance of Mst. Moomal was troubling them since about a year. She further stated that once Mst. Zulekha had informed them that she had found Mst. Moomal in sexual intimacy with the Civil Judge. Once the police accom--panied by Dhanibux peon of the Civil Court raided their house and thereafter a gambling case was filed against their males. She repeated the allegations in the explanation filed in this court.
15. The last person is Mr. Massu Khan a practicing Advocate at Naushero Feroze. He denied the allegations that the application against the Civil Judge was made at his instance or he had any concern with it.. He added that Pir Khalid might have instigated the Civil Judge to mention his name in this case, as he has some dispute with Pir Khalid. He had filed to explanations in this Court.
16. In the first explanation he denied the allegation that he had inspired the application against the Civil Judge or had any grouse against him. In his subsequent explanation while com--menting upon the statement of the witnesses produced by the Civil Judge in the inquiry held by the District Judge, he stated that Mr. Muhammad Saleb, Civil Judge had influence at Naushero Feroze as not only he had studied there but had also practised as an Advocate at Moro before he was appointed Civil Judge, and in support of his own false defence he had procured witnesses through some Advocates named by him. It was further stated by him that Mr. ..Muhammad Saleh used to lose temper as he complained of high blood pressure. The witnesses had deposed falsely at the instance of the Civil Judge.
17. The learned Advocate-General, examined Mr. Muhammad Saleh, Civil Judge, Mst. Moomal and her husband Usman to refute the allegations which had been made by Bachal and others in the application and the subsequent stages. Mr. Syed Iftikhar Hussain, District and Sessions Judge was also examined and he produced the inquiry file. Thereafter the statements of Muhammad Bachal and others were recorded and they admitted having made the application and the various statements. Mr. Massu Khan also denied having instigated Bachal to make the application or he assisted him in other manner.
18. From what has been stated above there can be no manner of doubt that Muhammad Bachal, Mst.
19. Zulekha, Said Khan, Guhram, Razi, Iqbal, Mst. Jannat and Mst. Mariam are guilty of gross contempt.
20. They made false allegations that Mr. Muhammad Saleh, Civil Judge was of immoral character indulging in illicit intimacy with a woman who was employed by him as maid--servant in the house and once he was discovered in flagrant delicto. It is ridiculous that the Sub-Judge, Judge, just before going to Court, engaged in the satisfaction of lust and further he took no care to properly fasten the door. It was further alleged that on discovery he adopted coercive measures against the relations of the woman as they were trying to prevent her from visiting his house. They were wrongfully confined by the police on many occasions and several false cases were filed at his instance. He was also said to be present in the Court of the Mukhtiarkar and First Class Magistrate when a case was tried and the conviction was recorded.
21. Thus they assailed the conduct of to officers engaged in the administration of justice. They made disparaging and scandaliz--ing imputations against the Sub-Judge and reckless allegations against the Mukhtiarkar and First Class Magistrate for lending judicial support to spite them and thereby convictions were secured on false charges. The allegations were adhered to at the various stages and the justification was founded on the plea that the allegations were true and were made to further the cause of justice without any malice or bad faith.
22. The allegations of these kinds are of serious nature and in the eye of the public lower the dignity and the prestige of the judicial officers who are expected to administer justice, without fear, favour or frown. A judicial officer who is said to indulge in the institution of false cases in order to spite his opponents or enters into alliance with another to record conviction of innocent persons on false charges is unfit to hold any judicial office. So the allegations are wilful and tenacious. No one can be allowed to defame or ridicule an officer engaged in the administration of justice, otherwise the officer will be thrown at the mercy of the disgruntled litigants who will scandalize him with impunity and his position as a judicial officer will be jeopardised. Cause of justice cannot be served by false and contemptuous imputations. This, on the contrary, impairs that cause and undermines the dignity and the authority of the Courts.
23. In the end I may refer to the plea taken by the above persons in the written 'statement which they had filed in this Court. It was pleaded by them that the allegations which had been made in the application amounted to defamation and were made against him in his private capacity and no criticism was levelled against him in respect of his judicial functions or anything done or attempted to have been done by him in the administration of justice and, 'therefore, the case should be tried by the ordinary Court. I find no force, in this plea. Without dilating on this point I would like to refer to the authority of the Federal Court in the case of Abdur Rashid v. Mehr Falak Sher and another (PLD 1955 FC 98). In that case also an objection was taken against the initiation of the contempt proceedings on the basis of the allegations which amounted to an offence under section 288 or 503, P. P. C., and it was urged that the High Court was not competent to take action under the Contempt of Courts Act in view of section 2(3) of the said Act. Their Lordships repelled this contention anal made the following observation :- "The prohibition, however; contained in the above subsection appears to be limited to cases punishable under the Penal Code as contempt of Court but not otherwise. The expression `offence punishable under the Penal Code in section 2(3) does not imply offence of every description punishable under the Code. This view of section 2(3) was also taken in the cases of Kaulashia v.
24. King-Emperor I L R 12 Pat. 1, Janehdra Prasad Bose v. Gopal Prasad Sen I L R 12 Pat. 172 and were noticed by their Lordships of the Judicial Committee in the case of Ali Muhammad Adamali v. King- Emperor 72 I A 226, but their Lordships did -not express their disapproval of that view. Reference here may also be made to the case of Emperor v. Jagan Nath Prasad I L R (1938) All. 548. Section 2(3), therefore, cannot be of assistance to the appellant in support of his contention."
25. Moreover, the allegations had also been made against the other Magistrate that he had entertained the proceeding under section 107, Cr. P. C. And passed final order at: the instance of. Mr. Muhammad Saleh, Civil Judge. Thus, this allegation clearly constitutes: an imputation in respect of the discharge of the judicial function by that Magistrate and, therefore, contempt of Court had been committed.
26. So far Mr. Massu Khan is concerned the evidence which has been brought on record is insufficient to hold thin the, application was made at his instigation or he had assisted Muhammad Bachal in any manner. The only circumstance against him is that the relations between him and the Civil Judge were strained and, therefore, this furnished a motive for him to harass the Civil Judge but the motive by itself is not sufficient to come to a con--clusion that he had inspired the application.
27. Of course Bachal is under his influence and this may raise a suspicion but the suspicion however strong is not enough.. The evidence of Mst. Moomal and her husband Usman shows that Mr. Massu Khan had told them not to give evidence in favour of the Civil Judge and had issued threats to them. They were further told to support Bachal against the Civil Judge. I am not impressed with their evidence and, therefore, I am not inclined .To take their evidence into consideration.
28. In the result I discharge the notice against Mr. Massu Khan while I convict Bachal, Mst. Zulekha, Said Khan, Guhram Razi, Iqbal; Mst. Jannat and Mst. Mariam, for contempt of Court. So far the sentence, is concerned the case of Bachal is of, very serious nature and 'he requires to be suitably' punished: He made the application and also set up the other: I therefore, sentence him to undergo simple imprisonment for a period of 3 months. So far' Said Khan, Guhram arid Razi are concerned they are sentenced to undergo simple imprisonment for one month. There remain the three, ladies Mst.
29. Zulekha; Mst. Jannat and Mst. Mariam and Iqbal who is aged about 14 years.' A warning would suffice in their case. Accordingly they are warned.