iz

Interpretation of law and dispensation of justice is the primary duty of all the courts. The courts are empowered to deal with the acts or omissions that tend to hinder their primary duties. The purpose of giving such power is to ensure that by any covert or overt act of any person or party, the courts must not be restricted to perform their basic functions. The Superior Courts of Pakistan are empowered under Article 204 of the Constitution of Islamic Republic of Pakistan, 1973 read with Section 3 of the Contempt of Court Ordinance, 2003 (IV of 2003) to deal with contempt cases whereas subordinate courts are empowered to punish for the breach or disobedience of any order granting interim injunction under Section 94 and Order XXXIX, Rule 2 (3) of the Code of Civil Procedure, 1908. Although, Contempt of Court Ordinance, 2003 is a special legislation dealing with the powers of the superior courts in contempt cases but even if it is presumed that there is no special legislation dealing with such eventuality, the superior courts are still empowered by Article 204 of the Constitution to deal with contempt matters. Thus, superior courts are not much dependent on any sub-constitutional or special legislation and they cannot be divested of their powers which have otherwise been granted to them by the Constitution. This special law has further subdivided the contempt of court into civil, criminal or judicial contempts or contempt on the face of the court. As regards nature, contempt proceedings are quasi-criminal in nature whereas the matter once initiated is always considered as between the court and the contemnor and it is for the court to determine whether in any particular case, the offence has actually been committed or not. In this regard, even the constitutional immunities would not serve any purpose and mere tender of apology would not wipe off the gravity of the offence. Thus, for an apology to be accepted by the court, it must be offered unconditionally and at the earliest stage. At the same time, the power of contempt must be exercised by courts with utmost care while putting extreme restraint and not as a device for their self-aggrandizement.

Keywords: Contempt of Court, Contempt Jurisdiction, Contempt Cases, Contempt Law, Contempt Limitations, Nature of Contempt, Pakistan.