ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.A.No.S-334 of 2018.

 Date of hearing

Order with signature of Judge

 

·        For hearing of Main case.

·        For order on M.A.No.5424/2018.

07.01.2019.

                        Mr.Asif Hussain M.Nawaz Chandio, Advocate for applicant.                    

Mr.Sharafuddin Kanhar, A.P.G for the State  

 

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 1.                   The applicants by way of instant Crl.Misc.Applicatoin  u/s.561-A Cr.PC has impugned order dated 17.12.2018, passed by learned 4th Additional Session Judge, Larkana, whereby the applicants in contempt proceedings have been convicted for simple imprisonment for one week, with issuance of Non-bailable warrants of their arrest, seemingly with a view to put them in custody to undergo the above said conviction.

2.                    The facts in brief necessary for disposal of instant Crl.Misc.Application are that one Aijaz Ali applied for grant of Succession Certificate to collect pensionary benefits of his father late Ghulam Rasool Zangejo, who was Assistant Lineman with Sukkur Electric Supply Corporation. After filing of such Succession Application the applicants were directed by learned 4th Additional Sessions Judge, Larkana, to deposit all pensionary benefits of late Ghulam Rasool Zangejo with the Court within three days, which the applicants failed to deposit, consequently, the contempt notice was issued against them, they furnished their reply. It was found unsatisfactory and consequently they were convicted by learned 4th Additional Sessions Judge, Larkana, by way of impugned order, with the following observation;

“It is observed that respondents No.1 to 5 have disobeyed the order of this Court dated 29.10.2018, as they have not deposited amount till today and have committed contempt of Court, therefore they are convicted and awarded sentence to suffer S.I for one week. All the contemnors were present in the morning but at the time of announcement of order they have called but disappeared, therefore, NBW be issued against them. Furthermore, learned counsel for contemnors has misbehaved in the Court, therefore, complaint be made against him in Sindh Bar Council for taking action against him under intimation of this Court”.

 

3.                    It is contended by learned counsel for the applicants that the learned 4th Additional Sessions Judge, Larkana, was having no lawful authority to have recorded conviction against the applicants in contempt proceedings. By contending so, an impression was given by him that the impugned order has been passed by learned 4th Additional Sessions Judge, Larkana, in excess of its jurisdiction. It is further contended by learned counsel for the applicants that the applicants were neither charge sheeted for the alleged offence, nor they or their counsel were heard before passing of the impugned order by learned 4th Additional Sessions Judge, Larkana. By contending so, an impression was given by him that the applicants have been denied right of fair trial by learned 4th Additional Sessions Judge, Larkana, which is guaranteed by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973. It is further contended by learned counsel for the applicants that the learned 4th Additional Sessions Judge, Larkana even otherwise has not described in her order, as to for what penal section the applicants have been convicted by her, which is against the spirit of natural justice. By contending so, he sought for reversal of the impugned order.

4.                    Leaned A.P.G for the State being faced with the above contention was fair enough to state that he could not support the impugned order on legal as well as factual premises. By stating so, he sought for remand of the matter to learned trial Court which is seized of the jurisdiction for passing fresh order in accordance with law.        

5.                    I have considered the above arguments and perused the record.

6.                    In view of above, with consent of learned A.P.G for the State, the impugned order is set-aside with direction to learned trial Court which now is seized of the matter to pass fresh order in accordance after providing fair chance of hearing to all the concerned.

7.                    The instant Crl.Misc.Application is disposed of accordingly.

 

 

                                                                                                                JUDGE

                        .