This application has been filed by one Nisar Ahmad for instituting proceedings under section 3/4/5/7 of the Contempt of Courts Act, 1976 against six respondents.
Facts giving rise to filing of this application are that one rent case and Civil Suit have been filed by the respondents against the appellant which are pending. It is alleged that respondents in Rent Case No. 4311/1985, made some vaxatious allegations against the Judges of High Court and case comes under the purview of Contempt of Court.
A notice was issued to the respondents. They all appeared. Respondent No.1, Asghar Hussain, Attorney of other respondents filed an unconditional apology.
I have heard, Mr. Ameer Ahmed Khan and Mr. Abdul Ghafoor Mangi, Asstt. A.A.-G. They submitted that in view of unconditional apology tendered by Asghar Hussain the penal action may not be taken but he should be warned.
I have gone through the record and perused the Rent Application (R.C. No. 4311/85) filed in the Court of Vth Rent Controller Karachi (West). The paras. Nos. 8, 9 and 10 of the application are as under:-- (8)"That being a tailor the opponent has great relation with high officers of police, F.I.A, high officers of Government of Pakistan, Income-Tax Commissioner and also the Judges of the High Court. After submission the bogus rent agreement, the opponent filed the bogus papers for N.I. Card and passport in the name of late owner after obtaining the other passport and N.I. Card. The opponent given the photo copies of the Original N.I. Card and passport along with the other N.I. Card and passport in the name of late owner to the one Muhammad' Akhtar, the then Sub Inspector in F.I.A.
Crime Branch who sent the same to the F.I.A. Passport cell and lodge the F.I.R. Against the deceased and on friendship of the then D.D. F.I.A. (Mr. Ashraf Khan) the challan was put up in the Court and the Court has fined a sum of Rs.1,000 copy enclosed as 'C'). The proof is that the just after fine the opponent has submitted photo copies of the both N.I.C. And passport in R.C. No. 5664/1978 showing the owner as a criminal man (copy enclosed D).
(9)That due to this, the deceased owner did not take any legal action against the opponent for misusing the shop and after the death of the owner the opponent used the said shop as residence and for latrine and bath room also as he knows that he has great source. In the day he cooks the food in the shop on oil solve while there is nothing except clothes and wooden furniture and there is chance to lit fire and damage of building by fire put the opponent is not carrying for any loss as he has also big sources and being a ladies Tailor he is sewing clothes of wives of high officers including Judges etc. And can do any illegal act which he wants.
(10)That the opponent is using the shop for tailoring, cooking the food and using the shop as kitchen in day and as well as bath room. He also wash clothes in the shop and after washing hanging the cloth on the door and inside the shop to dry the clothes. In the night he uses the shop as a house and sleeping in the shop and also use the shop as latrine and in the morning the urine etc. Flow outside the door of the shop on footpath here and there. Due to bad smell of urine, the other tenants adjacent with the opponent have complained with the applicant to stop the opponent for such activities and when the applicant contacted with the opponent and requested him to stop the unse of shop the shop for kitchen, bedroom, latrine to stop the nusance the shop for kitchen, bedroom, laterine, bath room and residence, the opponent did not care and replied that he will not stop for this misuse of the shop and if the applicant will not stop to object on these illegal use of the shop he will involve the applicant in false cases as he has great influences and relations with the officers of F.I.A., Police Income-tax and other high officials at Islamabad. The opponent has also indicated that he is sewing the clothes of wives of High Court Judges and due to this he can plead the case at his own wishes in the Court."
It is clear that applicant committed contempt of Court. He tendered unconditional apology which is as follows:-- "it is submitted to this Honourable Court that I am respondent No. 1 and other respondents are my family members and I am practising as an Advocate.'
2. That whatever stated written in all the cases pending in different Courts have been written by me for myself and on behalf of other respondents as I am attorney of other respondents. I am responsible of that language.
3. That due to inexperience in pleading and lack of knowledge such type of language is written and my intention was not to insult the judiciary /Judges from whom 1 have great respect.
4. That I hereby tender my unconditional apology and request to excuse me as I am practising under this Honourable High Court with permission to expunge these words from the plaints/ applications.
I, undertake not to repeat again in future."
Respondent Asghar Hussain has been appearing before me. He has realized and has been repenting all along. He started that being inexperienced having lack of knowledge written such language and has no intention to insult the judiciary. He has also undertaken not to repeat this kind of mistake in future. He also wants to expunge above paras from the relevant documents. I am satisfied that applicant has realized his mistake. He is educated person. He has not been involved previously in such offence. Considering all these factors. I take lenient" view, and warn him.