1. SH. RIAZ AHMAD, C.J.- This order shall dispose of Crl.Org. No. 61 97 tiled by Mr. Saif-ul-Haq Ziay.
2. Advocate and Cri.Org. No. 15 97. Filed by Mr. 'Kanwar Intizar Muhammad Khan. Advocate, in both the applications, it has been prayed that the respondents be committed for the contempt of this Court.2. The facts in brief giving rise to the institution of these applications are that in the "Daily Nawa-i-Waqt" dated 18th; of June. 1997. a disparaging news appeared in which it was stated that to Hon'ble Judges of this Court were being proceeded on the basis of misconduct and an inquin in this behalf w as being held. The news was stunning and the same w as inquired into and it was found that in fact the news'w.As baseless. On the next day., the Administration of Nawa-i-\Yaqt .Published elaborate apology which has been gone through by us and in the said, apology, not only Reporter Mr. Badar Munir apologised but also the newspaper Administration as an Institution offered.Apology.From this Court and also from the Judges against whom new s item appeared. u A. Mr: Saif-ul-Haq Ziay at this stage states that respondent No. 1 sn be present in Court as the apology published in the new spaper is not sufficient to meet the ends of justice.
4. We have considered this aspect of the case and we are of the view that the apology which has appeared in the "Daily Nawa-i-Waqt" having large circulation is more than enough to satisfy the ends of justice. As far as the apology is concerned, the Supreme Court of Pakistan in the case reported as A.K.M.A. Aval v. T)ie State (PLD 1964 SC 562) has laid down criteria for acceptance of the apology which is as following:- ta) Whether the person appreciated that his act was within the mischief of contempt by interference with the administration of justice.
3. Lb) Whether he regretted it.
(c) Whether his regret was sincere.
(d) Whether it was accompanied by expression of a resolution never to repeat the offence and
(e) Whether he made humble submission to the authority of the Court.
4. Applying the criteria laid down in the above-cited case, we are of the view that apology was offered without any delay: and repentence and remorse was also expressed in the subsequent publication of the newspaper.
5. It is further pertinent to mention that as laid down by the Supreme Court of Pakistan and this Court, the proceedings for contempt are to be resorted to sparingly and once the matter is brought to the notice of the Court then it is a matter between the Court and the contemner. Furthermore, the Courts are not supposed to act with any vendetta in such like proceedings.
6. In this view' of the matter, we are of the view that the apology offered by the newspaper is sincere.
7. Mr. Badar Munir.
8. Reporter of the N'awa-i-Waqt is also present in Court and tenders unqualified apology .
9. Considering the case from all angles, we are not inclined to proceed further in the matter.
10. Therefore, both the petitions are disposed of.