Before Abdul Aziz, C. J.
CROWN
versus
ABDUR RAHMAN Criminal Petition under Contempt of Courts Act.
(a) Contempt of Court-High Court at Baghdad-ul-Jadid not a Court of Record-Summary jurisdiction to punish contempts derived from Contempt of Courts Act, 1936 and 1937 -Whether Action under section 228, Pakistan Penal Code and Section 194, Criminal Procedure Code only way to deal with contempts.
The Constitution Act of the High Court at Baghdad-ul-Jadid does not say that that Court is a Court of Record, but the Contempt of Courts Act of 1936 and 1937 has invested the High Court with power to try contempts in a summary manner.
Held that the objection that a person guilty of contempt, should be proceeded against under section 228 Pakistan Penal Code and section 194 Criminal Procedure Code, and not under the summary powers of the High Court not tenable.
10 Cal. 109 (P. C.) referred to.
(b) High Court (Baghdad-ul-Jadid)-Transfer of case from one judge to another-Whether petition for, competent.
There is no provision of law either in the Criminal Procedure Code or in the Civil Procedure Cod according to which a petition for the transfer of a case from the Court of one judge to the other Judge of the High Court can be made. [p. 40].
(c) Contempt of Court-Libellous statement against judge -Whether justification a valid defence.
Establishing truth of allegations is no defence to a charge of contempt of Court.
A libellous statement which amounts to interference with the Courts of justice amounts to contempt even though the defendant is prepared to justify the libel. [p. 41].
(1894) 1 C. H. 347 referred to.
(d) Contempt of Court-Allegations against Judges-Decid¬ing cases either under influence of, or to please, a particular Judge-Contempt.
6 Lah. 528; A I R 1935 Cal. 419 ; A I R 1926 Lah. 1, (1901) 1. K. 8. 32; P L D 1949 Lahore 410 (415) referred to.
(e) Contempt of Court-Apology-Conditional and reserved –Whether could help.
(1765) Wilmot’s opinion 243 ; 10 Cal. 109 ; (1900) 2 Q. B. 36 ; A I R 1935 Cal. 419 referred to.