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. Writ Petition No. 3262 of 1982, decided on 26th October, 1982..
--- S. 3-Contempt proceedings, validity of-Petitioner as Khatib Jamia Masjid in Friday prayer, publicly stating that S. D. M./A. C. was receiving illegal gratification when conducting judicial proceedings, he was a dacoit and a badmash and that public could not expect any justice from him- Warrant of arrest issued against petitioner as a sequal to contempt proceedings initiated by SDM/AC under Contempt of Courts Act-Contention that SDMj AC having no power to proceed against petitioner under Contempt of Courts Act and that his action, in issuing a show-cause notice as well as warrant of arrest against petitioner was without lawful authority and having no legal effect-Contention, held, correct--Order set aside, in circumstances.
Ch. Mushtaq Ahw.a.i Khan for Petitioner.
Nemo for the State.
Date of hearing : 26th October, 1982.
This is a constitutional petition filed by Muhammad AbdulIah petitioner, for a declaration that the warrant of arrest issued against the petitioner on 19th July, 1982 as a sequal to the contempt proceedings initiat ed by the Sub-Divisional Magistrate/Assistant Commissioner, Toba Tek Singh, respondent, be declared to be without lawful authority.
2. The case of the petitioner is that one Dilshad Ahmad, Foot Constable No. 962, Police Station City, Toba Tek Singh, submitted a police daily diary on 30th April, 1982 to the effect that during the sermon delivered by the petitioner as Khatib, Jamia Masjid, in the Friday prayer, he publically stated that the Sub-Divisional Magistrate/Assistant Commissioner was receiving illegal gratification when conducting judicial proceedings, that he was not delivering justice, that he was a dacoit and a badmash and that public could riot expect any justice from him, Can; the basis 0f this report, the Sub-Divisional Magistrate/Assistant Commissioner, Toba Tek Singh, respondent, passed an order on 19th July, 1982 directing the petition er to appear in person in his Court an 20th July, 1982 to show cause as to why he should not be proceeded under the Contempt of Court, 1976 axed on 29th July, 1982 issued a warrant for his arrest.
3. The petitioner's case is that the respondent has no power to proceed against the petitioner under the Contempt of Court Act and that his action in issuing a show-cause notice to the petitioner on 19th July, 1982 and also issuing warrant of arrest against him in the same connection on 29th July, 1982 are illegal, null and void.
4. The respondent has been served. Nobody has appeared on behalf of the respondent. It cannot be denied that the Sub-Divisional Magistrate/ Assistant Commissioner, Toba Tek Singh, has no authority under the Contempt of Court Act, 1976, to initiate contempt proceedings against the petitioner. Such powers are reserved only to the superior Courts.
5. In these circumstances, this petition is accepted and the impugned order of the respondent dated 19th July, 1982 and the warrant of arrest issued against the petitioner on 29th July, 1982 are hereby declared to have been passed without lawful authority and as having no legal effect. There A shall be no order as to costs. However, this order shall not debar the respondent from initiating proper legal proceeding against the petitioner,, as may be available to him in law.
Proceedings quashed.
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