' RIAZ AHMAD, C.J.---This order shall dispose of Criminal Original No,61 of 1997, filed by Mr. Saif-ul- Haq Ziay, Advocate and Criminal Original No,15 of 1997, filed by Mr. Kumar 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 two Hon'ble Judges of this Court were being proceeded on the basis of misconduct and an inquiry in this behalf was being held. The news was stunning and the same was inquired into and it was found that, in fact, the news was baseless. On the next day, the Administration of Nawa-i-Waqt published elaborate apology which has been gone through by us and in the said apology, not only Reporter Mr. Badar Munir apologized but also the newspaper Administration as an Institution offered apology from' this Court and also from the Judges against whom news items appeared.
3. Mr. Saif-ul-Haq Ziay at this stage states that respondent No,1 should be present in Court as the apology published in the newspaper 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 Naw-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. Awal v. The State (PLD 1964 SC 562) has laid down criteria for acceptance of the apology which is as follows:---
(a) Whether the person appreciated that his act was within the mischief of contempt by interference with the administration of justice?
(b) 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?
' Applying the criteria laid down in the abovecited 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.
' 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.
' In this view of the matter, we are of the view that the apology offered by the newspaper is sincere.
Mr. Badar Munir, Reporter of the Nawa-i-Waqt is also present in Court and tenders unqualified apology. Considering the case from all angle, we are not inclined to proceed further in the matter.
Therefore, both the petitions are disposed of.