1. MUHAMMAD HALEEM, J:-The Director:, Intelligence Bureau, Government of Pakistan, Islamabad, forwarded under his letter dated 23rd of July 1977, to the Registrar of this Court a photo stat copy of the Weekly Azad, dated 19th of July, 1977, published from London which highlighted an interview given by the respondent at the Heathrow Airport, London, on 3rd of July, 1977, giving out a totally false and an imaginary account of his talk with the former Chief Justice of Pakistan, Mr. Justice Muhammad Yaqub Ali, and also accusing him of unsavoury behaviour, for taking action against him according to law. At or about the same time the former Chief Justice also received an aerogramme addressed to him by the res--pondent expressing totally false statement of facts.
2. Can a consideration of the disparaging material, the former Chief Justice by order dated 27th of July, 1977, directed a notice to issue to the respondent to show cause as to why he should not be punished for contempt; and to secure his presence in Court and his house situate in Islamabad bearing No. 4 (Old No. 510), Street No. 84, G/6-4, which was rented to M/s. Movers International, Packers and Forwarders, was attached and the tenant was directed not to pay rent to him but to deposit it in the Registry of this Court. A copy of the notice was also directed to be sent to the Editor and Publisher of Weekly "Azad", London for publication on the front page with an apology to the Supreme Court. It was further directed that if this was not done then similar notices shall be sent to them if they were Pakistani Nationals at their permanent residence in Pakistan for their stay to U. K.
3. Was only temporary.
4. As to the contents of the letter, the former Chief Justice, in his order, expressed that they were totally false. His statement published in the aforementioned Weekly reads; "The veteran journalist and author said that a few hours before the Military coup Mr. Zulfikar Ali Bhutto called him and asked him to leave the country. On his refusal Mr. Bhutto said : 'Old man ; go away ; you will (also) be killed with us ; your passage has been booked ; you must leave today.' The veteran journalist after leaving the Prime Minister's House came to say good-bye to his close friend-the Chief Justice of Pakistan. When, during the course of talk over a tea cup he mentioned about Bhutto's fresh direction Mr. Justice Yaqub Ali Khan said : `Have you become mad, don't worry . . . Now our time is coming ; forget about the fallen gods.' When the veteran journalist heard this he put the burning cigarette, which he was holding in his hand, in the cup full of tea ; got up and rushed outside ; Justice Yaqub followed him ; in the meantime the veteran journalist had already got into his car and was about to move away when Justice Yaqub called the constables on duty and said `shut the gate and do not let him go out as the old man had gone mad, but the veteran journalist had already crossed the gate and gone away'.
5. The former Chief Justice has described the "aforementioned statement as "utterly false" and a figment of his imagination. There can be no manner of doubt that per se it amounts to gross contempt of the Supreme Court. The respondent who is the author of the statement, without attempting to justify his contumacious conduct; has tendered unconditional apology and asked for forgiveness at the earliest opportunity. We were informed at the Bar by the learned Attorney- General that the apology was also published in the Weekly Azad and, therefore, no further action is called for against the Editor and Publisher.
6. Since the apology has been tendered in good grace and shows 'real contriteness, we do not propose to punish him. The learned Attorney --General was also of the view that in the circumstances no further action be taken against him, Accordingly, we would accept his apology, discharge the notice and direct that his house, described hereinabove, be released from attachment and the rent due to him, if deposited in this Court, be paid to him.