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Criminal Original No. 1072‑M/BWP and Criminal Miscellaneous No. 1071‑QIBWP of 1984, decided on 23rd October, 1984.
‑‑‑S. 4‑‑Advocate not appearing before High Court despite intimation‑ Prima facie case of committing contempt of Court found by High Court against him‑‑Advocate tendering unqualified apology and placing himself at mercy of Court, notice of contempt of Court discharged with warning to Advocate to be careful in future.
Nemo for Petitioners.
[22‑10‑1984]‑‑Mr. Mumtaz Mustafa Khan, Advocate has not cared to appear before the Court despite intimation card having been issued A to him. He be directed on telephone to appear before the Court tomorrow and explain his position. To come up tomorrow i.e. on 23‑10‑1984.
Mr. Mumtaz Mustafa, Advocate.
[23‑10‑1984].‑‑1 am not satisfied with the explanation given by Mr. Mumtaz Mustafa. He has shown reckless disregard for this Court, which prima facie tentamounts to contempt of Court. He is, therefore, issued notice to show cause why he should not be proceeded against under section 4 of the Contempt of Court Act and why his license of advocate be not suspended. He shall file reply. He wants to file reply today.
2. To come up at 11‑30 a.m.
Mr. Mumtaz Mustafa with Mian Allah Nawaz, Advocate.
The reply to the show‑cause notice has been filed by Mumtaz Mustafa, Advocate. He tenders unqualified apology and assures to be careful in future. Although there is no doubt in my mind that he by not appearing before the Court despite his service has prima facie committed offence of contempt of Court punishable under section 4 of the Contempt of Court Act, 1976 and his licence of advocacy is liable to be suspended yet in view of the unqualified apology tendered by him and the argument of Mian Allah Nawaz, Advocate, his counsel that since Mumtaz Mustafa has placed himself at the mercy of the Court, mercy be shown to him and no further action may be taken against him. I, as a matter of grace, feel inclined to discharge notice, with the warning that Mumtaz Mustafa, Advocate shall be careful in the matter of his attendance before the High Court. Notice recalled.
H.A.K. Contempt notice discharged.
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