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Criminal Original Miscellaneous Application No. 14 of 1986, decided on 27th January, 1987.

‑‑‑S. 3‑‑Contempt of Court‑‑Disturbing words used in certain context, whether constituted contempt‑‑Counsel of respondent issuing legal notice on behalf of respondent‑‑Legal notice containing words 'listen the unpleasant music of Courts and enjoy luxury of fruitless litigation'‑ Counsel and respondent issued show‑cause notice‑‑Respondents stating to have no intention of causing contempt of Court‑‑Words used in notice, were no doubt disturbing but still, in context of background and facts of case, did not amount to contempt of Court‑‑Show‑cause notice recalled in circumstances.

Muhammad Latif Shaikh for Applicant.

S.M. Gharib Nawaz Daccawala for Respondent.

Rasheed Tariq for A.‑G., Sind for the State.

Date of hearing: 27th January, 1987

This petition was filed under section 3 of the Contempt of Courts Act, 1976, by the applicant, praying for taking action against respondent No. 1 on the ground that a legal notice had been sent by her through Mr. S.A. Gharib Nawaz Advocate, dated 31‑8‑1986, last paragraph whereof contains some words, which are contemptuous. When this matter came up for Katcha Peshi, this Court directed issuance of show‑cause notice not only to the respondent No. 1. Mst. Naseem Parveen but also to Mr. S.M. Gharib Nawaz, Advocate, who had issued the aforesaid legal notice, dated 31‑8‑1986. Pursuant to the notice respondent No.1 and Mr. S.M. Gharib Nawaz, Advocate, are present. The applicant is also present in person. I have heard Mr. Muhammad Latif Shaikh, learned counsel for the applicant and Mr. S.M. Gharib Nawaz, learned counsel for himself and on behalf of respondent No.1. I have also heard Mr. Rasheed Tariq, learned counsel for the State.

2. Applicant's brother Arifuddin and respondent No.1 were married and they have three children from the aforesaid marriage but then Arifuddin terminated marriage by pronouncing "Talaq" in May 1986. Thereafter, the legal notice in question, dated 31‑8‑1986 was issued by Mr. S.M. Gharib Nawaz, Advocate, on behalf of the respondent No.1 to Arifuddin on two addresses i.e. his address in Jedda, where he is working and care of his brother Rafiuddin, the present applicant, who lives in Landhi, Karachi. In the legal notice Arifuddin was called upon to return to the respondent No.1 her entire dowery articles, her dower and maintenance and also to return certain documents, which she alleged were retained by Arifuddin. The last two paragraphs of the notice read as follows:‑-

"This legal notice should be treated as a positive and preparatory step towards the initiation of the legal proceedings in the competent Courts of law both at home and abroad against you for the redress of the grievances of our client, and some deterrent, preventive, reformative and exemplary actions for you.

We hope that better sense and better counsel shall prevail and you would not like to listen the unpleasant music of the Courts and enjoy the luxury of fruitless litigation and that too entirely at your own risks as to costs and consequences thereof."

2. It is apparent from the statement filed today by the respondent No.1 and Mr. S.M. Gharib Nawaz that they had no intention of causing any contempt of any Court. The words employed in the final paragraph of the notice no doubt are disturbing but still, I am of the view, that they do not, in the context of the background and facts, amount to contempt of Court. Nonetheless, Mr. S. M. Gharib Nawaz states that in future he will be more careful in the selection of the words in his notices to be sent on behalf of his client.

3. The show‑cause notice issued by order, dated 17‑12‑1986 is hereby recalled. Criminal Original Miscellaneous Application No. 14 of 1986 is dismissed.

S.A./l M‑2/ K Notice recalled.

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