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2002 SCMR 1326

Dr. SARFRAZ HUSSAIN vs THE STATE

Citation2002 SCMR 1326
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,807-L of 2001 Criminal Appeal No,577 of 1997
Date2002-03-05
Judge(s)Sh. Riaz Ahmad, Syed Deedar Hussain Shah, Mian Muhammad Ajmal
ResultAppeal dismissed

ORDER

1. ' Leave to appeal is sought against the judgment and order of a learned Division Bench of the Lahore High Court, Lahore dated 7-11-2001, whereby appeal preferred by the petitioner against his conviction and sentence awarded to him by a learned Single Judge of the High Court, for committing contempt of Court, was dismissed.

2. ' Facts of the case are that the petitioner is a Physician and had issued a false certificate in respect of ailment of Mushtaq, an undertrial prisoner, to be submitted in Court certifying that he was suffering from Angina Pectoris. His certificate was found to be false and thus a notice was issued to him to show cause as to why he should not be punished for having committed contempt of the Court by interfering with the administration of justice. The petitioner admitted his guilt by offering unconditional apology and throwing himself on the mercy of the Court. A learned Judge in Chambers of the High Court vide his order dated 24-10-1997 ordered the petitioner to suffer seven days' S.-I. And to pay a fine of Rs,2,000 or in default thereof to undergo ten days' S.-I. Appeal preferred by him against the said order was dismissed by a learned Division Bench of the High Court vide its order impugned.

3. We have heard the learned counsel for the petitioner. His contention is that during inquiry the certificate issued by the petitioner was found to be correct. Be that as it may, the petitioner had, in fact, submitted a false certificate and tried to mislead the Court. The sentence awarded to him is legal and this Court does not interfere with such sentences. Hence this petition being devoid of merits is dismissed.

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