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M. R. KHAN vs Nazeer Ahmad Mahmood — 1969 SCMR 369

Citation: 1969 SCMR 369

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1969 SCMR 369

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: PLD 1972 Supreme Court 39 Result: Sentence modified Judgment JUDGMENT M. R. KHAN, J.-This appeal, as of right, under Article 58(2) of the 1962-Constitution, is against the judgment and order of a learned Single Judge of the former High Court of West Pakistan, Lahore by which the appellant was punished for contempt of the High Court. He was sentenced to six months' simple imprisonment and a fine of Rs. 1,500 or three months' simple imprisonment in default of payment of the fine. The contempt proceedings were drawn up against the appellant by Nazeer Ahmad Mahmood, J., a Judge of the said High Court in the following circumstances: One Mst. Begum Bibi filed a habeas corpus petition in the High Court alleging that her son-in-law Muhammad Din had unlawfully detained her daughter, Mst. Mukhtaran Bibi. This habeas corpus petition came up for hearing before the learned Single Judge on the 4th August 1967. After recording the statements of Mst. Begum Bibi and Muhammad Din, the learned Judge adjourned the case to the 10th August 1967 and ordered Mst. Mukhtaran, the alleged detenu to accomp--any her husband Muhammad Din and to remain in his custody till the next date. After this order had been announced, Mst. Mukhtaran Bibi showed disinclination to accompany her husband, but the learned Judge, in view of the order already announced, directed Muhammad Din…

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