Contempt of Court is an important issue in Pakistan. It can involve either disobedience or disrespect (through actions or words) towards the judiciary and the orders or rulings that the judiciary issues. Contempt attacks the authority and dignity of the court, and the Constitution of Pakistan provides methods to deal with it.
This article seeks to summarise what contempt is under the law in Pakistan, and provide a sample draft to pursue a case for a person or authority who has committed contempt of court.
Legal Framework
Under Article 204 of the Constitution of Pakistan, the court has the power to punish individuals for contempt if they:
- Scandalize or tend to scandalize the court or lower its authority.
- Interfere in the administration of justice.
- Disobey any order, direction, or judgment of the court.
There are three major types of contempt:
- Civil Contempt: Wilful disobedience of a court order.
- Criminal Contempt: Conduct that disrespects the court or obstructs justice.
- Judicial Contempt: Contempt committed during judicial proceedings.
The Contempt of Court Ordinance, 2003 further elaborates these provisions, granting courts the power to initiate proceedings suo motu or on an application by an aggrieved party.
When Can You File for Contempt?
You may file for contempt if:
- A party fails to comply with a court’s judgement or interim orders.
- An individual uses abusive language or public statements to malign the court.
- A public official or department disregards the directions of a High Court or Supreme Court.
Legal Draft for for Contempt of Court Application
I have given the legal draft for filing contempt of court proceedings below:
Application for Contempt of Court
IN THE HONOURABLE [Name of the Court]
[Original Jurisdiction / Writ Jurisdiction / Contempt Jurisdiction]
[Court Address]
Civil Miscellaneous Application No. _____ of 20__
IN
Constitution Petition / Suit / Writ Petition No. _____ of 20__
[Name of Applicant]
S/o, D/o, W/o ____________________
R/o __________________________________
VERSUS
[Name of Respondent / Alleged Contemnor]
Designation: __________________________
Department: ___________________________
R/o / Office: ___________________________
APPLICATION UNDER ARTICLE 204 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 READ WITH SECTION 3 OF THE CONTEMPT OF COURT ORDINANCE, 2003 FOR INITIATION OF CONTEMPT PROCEEDINGS
Respectfully Sheweth:
1. That the applicant had filed a petition titled “______________” in this Hon’ble Court, which was adjudicated and an order dated ___ was passed, directing the respondent to ____________.
2. That the respondent has, despite knowledge and lapse of time, failed to comply with the said order in a willful and deliberate manner.
3. That this non-compliance constitutes civil contempt under Article 204 of the Constitution and Section 3 of the Contempt of Court Ordinance, 2003.
4. That such deliberate disobedience undermines the authority and dignity of this Hon’ble Court and is liable to be punished in accordance with law.
5. That the applicant reserves the right to submit further evidence, if required, during the course of proceedings.
PRAYER:
It is respectfully prayed that this Hon’ble Court may graciously be pleased to:
- Initiate contempt proceedings against the respondent;
- Issue show cause notice to the respondent under the relevant law;
- Pass any other appropriate orders in the interest of justice.
Filed By:
_________________________
(Signature of Applicant / Counsel)
[Name of Advocate]
Advocate High Court
CNIC: ________________
Address: ______________
Phone: _______________
Date: ___________
Place: ___________
Required Attachments
You should attach the following documents with your application:
- Certified copy of the court order being disobeyed.
- Affidavit verifying the contents of the application.
- Any communication showing the respondent had knowledge of the order.
Conclusion
The draft above provides a legally compliant template for commencement of contempt proceedings in a manner consistent with practice and procedure in Pakistan. It will require careful amendment to reflect the factual circumstances in each case, preferably with help from a lawyer.
If you would like this draft converted to HTML + CSS format to embed directly online, let me know and I will prepare that document.
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