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Old Monday, August 19, 2013
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CONTEMPT OF COURT
Definitions of Contempt of court

• Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice
• The willful and intentional failure to comply with a court order, judgment, injunction, or decree by a party to the action, which may be punishable in a variety of ways, and in some instances, incarceration.
• The willful failure to obey a court order, or disrespectful or unacceptable behavior in the presence of the court.
• A finding by a judge that a person has violated a court order or is guilty of conduct before the court calculated to disrupt the proceedings of the court.
• Any act involving disrespect to the court or failure to obey its rules or orders.
• Interfering with the administration of justice or ignoring the rules of the court. Showing unwarranted disrespect for the court, refusing to testify in court or failing to obey a court order are the most common types of contempt of court.
• Any act which is calculated to embarrass, hinder, or obstruct the court in administration of justice, or which is calculated to lessen its authority or its dignity.
• Disregard for the authority of the court, including committing disorderly behavior in court, improper conduct intended to influence the course of justice, or bringing the administration of justice into disrepute.
• This is a charge that a judge can lay if someone interferes with the work of the court or ignores the rules of court.
• The punishable act of showing disrespect for the authority of dignity of a court.
• A person may be found in contempt of court if the person fails to do something that the court ordered that person to do, or if that person does something in court that the court orders the person no to do.
• Contempt of court can occur in multiple scenarios. A direct contempt occurs in the view and presence of the court and disturbs the court proceedings. A constructive contempt is the failure of a party to obey a court order, decree, or judgment.
• Failure to show respect for an order of a court.
• disrespect for the rules of a court of law
• Willful disobedience of a judge's command or of an official court order.
Article: 204 of constitution of Islamic republic of Pakistan, 1973
Deals with “Contempt of Court”
(1) In this Article, "Court" means the Supreme Court or High Court.
(2) A Court shall have power to punish any person who,-
(a) Abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) Scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) Does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
(3) The exercise of the power conferred on a Court by this Article may be regulated by law (Contempt of
Court Ordinance, 1998) and, subject to law, by rules made by the Court.

Types of Contempt Of Court
1) Academic critique Academic critique means an article written by a lawyer or a person holding an academic post containing a critical analysis of a judgment pertaining to a pending criminal case on the basis of legal criteria or
desiderata.
2) Civil contempt
Civil contempt means the willful flouting or disregard of -
(i) An order, whether interim or final, a judgment or decree of a court;
(ii) A writ or order issued by a court in the exercise of its constitutional jurisdiction;
(iii) An undertaking given to, and recorded by, a court;
(iv) The process of a court Procedure in cases of contempt in the face of the court.-
(1) In the case of a contempt committed in the face of the court, if the accused, persists in disorderly conduct, the court may direct that he leaves the court room, and, failing compliance, may further direct that he be physically removed from the court room.
(2) In all cases of contempt in the face of the court, the judge shall pass an order in open court recording separately what was said or done by the accused person and what was observed by the judge and shall, if he is not the Chief Justice, refer the matter to the Chief Justice, and, if he is the Chief Justice, to the senior most available judge of a the court, who shall either hear and decide the matter himself or refer it to some other judge for disposal; Provided that it shall not be necessary for the matter to be so referred if the accused person requests in writing that it be decided by the judge before whom the contempt, or alleged contempt, was committed.
3) Criminal contempt Criminal contempt means the doing of any act with intent to, or having the effect of, obstructing the administration of justice
Criminal contempt when committed
A criminal contempt shall be deemed to have been committed if a person:
(a) Attempts to influence a witness by intimidation or improper inducement, not to give evidence, or not to tell the truth in any legal proceeding;
(b) Offers an improper inducement, or attempts to intimidate a judge, in order to secure a favorable verdict in any legal proceedings;
(c) commits any other act with intent to divert the course of justice.
Who may move superior court to punish contemnor for criminal contempt?
In the case of a criminal contempt a superior court may take action;
(i) Suo Motu (superior court itself if satisfied that criminal contempt has actually been committed by the contemnor), or
(ii) On the initiative of any person connected with the proceedings in which the alleged contempt has been committed, or
(iii) On the application of the law officer of a provincial or the federal government.
4) Judicial contempt
Judicial contempt means the scandalisation of a court and includes personalized criticism of a judge while holding office; Personalized criticism means a criticism of a judge or a judgment in which improper motives are imputed Personalized criticism personalized criticism of a specific judge, or judges, may constitute judicial contempt except if made in good faith.
Suit for defamation a judge who has been criticized by some contemnor also has a right to file a suit for defamation against that contemnor.
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