1. All the contemners are present except respondent No,1 who has been exempted from personal appearance by the Court until such need is felt and he is called upon to appear. Mr. S.M. Zafar, learned counsel for respondent No,1 at the very outset of the proceedings, regretted the incident of yesterday in the Court in which, without permission, some advocates who are members of the Parliament came to the rostrum and criticised the proceedings with particular emphasis upon the presence of the Chief Justice on the Bench. He then made two suggestions to the Court and requested that the matter should be heard by a larger Bench or Full Bench particularly in view of the judgments rendered by the Benches of this Court at Peshawar and Quetta. He also requested for putting the house of this Court in order. On the subject of constitution of the Bench, he dilated upon section 8(5) of the Contempt of Court Act, 1976 and Article 204 of the Constitution.
2. He was informed that the decision of the Quetta Bench has been held in abeyance by the Full Bench of this Court at the principal registry and the record has been called for proceedings to be taken in hand at the principal seat. The second suggestion of Mr. S.M. Zafar was on the substance of the charge and in that context he submitted that in the sub-clauses of the charge is made criticism of the Chief Justice, which amounts to scandalisation of the Chief Justice as such he should not hearthe case. He was informed that there was no personal element involved and the criticism complained of was of the institution of the Supreme Court of which the Chief Justice is an integral part as such the criticism was aimed at the institution as a whole. The learned counsel also made reference to an application filed at Karachi before Mr. Justice Ajmal Mian under section 8(5) of the Contempt of Court Act and the order passed thereupon.
3. While the proceedings were in progress, one of the contemners came forward and whispered something in the ear of Mr. S.M. Zafar. Mr. S.M. Zafar told him that since he was not his advocate, he could not make request on his behalf. Meanwhile, Raja Muhamamd Akram got up and came to the rostrum and stated that he was representing Khawaj a Muhammad Asif and requested for leave of his client's absence on the ground that he had to attend some very important work. He was allowed to go. A little later a big commotion was heard as if there was riot outside the Court room and slongans were being raised. It appeared that a big mob wanted to rush into the Court room. In fact a few persons did succeed in doing so and one of them informed that the Judges should rise and go away as fully charged mob behind him was forcing entry into the Court room to take the Chief Justice into custody. This fact was supported by the persistent commotion and highpitched slognas of the persons who were in the procees of raiding the Court room. In such circumstances, there was no other alternative for the Court, but to adjourn the proceedings and the Judges rose from the Court room and retired. Even outside there was flurry of activities as the people were running here and there and some policemen escorted the Judges to the Chamber of the Cheif Justice.
4. Later on the Registrar came and informed in a state of shock that at the outside gate he was manhandled and a big mob got unruly and made a raid on the Court room where the contempt case was being heard against the respondents including the parliamentarians.
5. Adjourned to 1-12-1997.
6. (Sd.)
7. Sajj ad Ali Shah, C.J.
8. (Sd.)
9. Muhammad Bashir Jehangiri, J.
10. (Sd.)
11. Mamoon Kazi, J.
12. (Sd.)
13. Ch. Muhammad Arif, J.
14. (Sd.)
15. Munir A. Sheikh, J.