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JUDGMENT SHEET
LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT
JUDGMENT
Judge, Toba Tek Singh, whereby the appellant was convicted under
2. The brief facts giving rise to the filing of this appeal are that on
the court by using inappropriate words in a loudly voice alleging that the
court has not decided the petition under section 22-A/22-B, Cr.P.C. filed
by the appellant by watching his interest. The court informed him that
after hearing the said revision petition he will be heard but the appellant
Criminal Appeal No. 909/2013 2
to accept the same and also declined to file any reply to the show cause
notice. He also threatened that he would see to it that how the court
continues to work. After that, the appellant escaped from the courtroom.
no further evidence was needed and then the court proceeded to convict
and throws himself at the mercy of the Court that he regrets his conduct
and undertakes that this will never be repeated; that the appellant holds
the courts at the highest esteem and respect them with the bottom of his
heart; that the impugned judgment was passed in a hasty manner without
observing the procedure as neither any witness was recorded nor any
time was given to the appellant to put his defence; that the appellant
being a professional lawyer will suffer badly if the conviction is not set
aside; that the appellant has not insulted the Presiding Officer or caused
observed by the learned trial court; that tone of the appellant may have
common practice that the lawyers, with the permission of the court,
interfere and ask or inform the court regarding some emergent matters
that the appellant was granted time to file reply to the show cause notice
but he opted not to file any reply; that the appellant, on the other hand,
challenged the authority of the court, which is not acceptable and hence,
5. I have heard the learned counsel for the parties and perused the
available record.
punishment given by this Court will be accepted to him and begs for a
its merits.
7. A lawyer cannot take the advantage of his position and does not
common object of both Bar and the Bench. In case the authority of the
8. After having said that, this Court has noticed that the impugned
of even lawyers, present in the court. No proper time even till rising of
the court was granted to the appellant to present his defence and explain
does not permit, the lawyers should wait until the proceedings are over.
It is a common experience that some lawyers adopt the high tones while
proceedings of the case continued but the appellant kept on using the
words.
held in the case of Rab Nawaz v. The State [2011 SCMR 1485] that
the case of Jahangir Akhtar v. The State [2005 MLD 613], word ‘Ziadti’
Criminal Appeal No. 909/2013 5
used to inform the court with passion and sentiment is not held as an
10. As per case reported as Haji Khawar Saleem v. The State [2000
the court and in the judgment titled Muhammad Mushtaq v. The State
reported as PLD 2003 S.C. 19, the court can proceed under sections 228
and 496, PPC or under section 480 or 482, Cr.P.C. In Agha Siraj Khan
Durrani v. The State reported as 2000 P.Cr.L.J. 1329, the complaint can
enough time was granted to the appellant to file reply to the show cause
notice and put up his defence. The required procedure was not adopted.
12. In this view of the matter, this appeal is allowed, the impugned
judgment dated 01.07.2013 passed by the learned trial court is set aside
Judge
irshad