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Criminal S. M. Reference No. 4 of 1978, decided on 17th June 1978.
---S. 4--Contempt of Court-Petitioner, an Officer of Anti-Corruption Establishment taking away file of a case from Court of F. C. M. and also summoning him to Police Station-Petitioner tendering un conditional apology and assuring not to do anything in future likely to give slightest offence to Court or to its Presiding Officer-Notice discharged in view of unconditional and sincere apology of contemner.
S. Nasiruddin for the Contemner.
Abdul Sattar Shaikh, Asstt. A: G. (Sind) for Opponent.
The contemner, Mian Mohammad Hafiz, Circle Officer, Anti-Corruption Establishment, Sukkur, is present in person and has submitted a reply wherein he has tendered an unconditional apology for the acts alleged against him which apology is in the following terms :-
"That this respondent holds and has always held the Judiciary in highest esteem. The respondent tenders unconditional apology to the Honourable Court and throws himself at the mercy of this Honourable Court.
I specifically apologise for having taken file of the case from the Court of the learned Joint Civil Judge and F. C. M., Sukkur and alp for having called him to the Police Station."
The contemner states that he has 29 years of service to his credit and that he has arisen from the ministerial ranks. He has verbally reiterated in Court his unconditional apology and assured the Court that not only he holds the Judiciary in highest esteem but that he will not do anything that is likely to give the slightest offence to a Court or its Presiding Officer.
In view of the fact that the contemner has tendered unconditional apology, which I consider to be sincere, and further as it appears to me that the acts allegedly committed by him were presumably on account of excessive zeal, I am of the view that the contemner has purged himself of the contempt and that no action against him is called for. I would accordingly direct that the notice against the contemner be discharged and no further proceedings against him be taken thereon.
The contemner is directed to personally hand over the file of the case taken by him prom the Court of the Joint Civil Judge and F. C. M., Sukkur, within 7 days, to that Court.
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