State Vs Asadullah, Advocate

Judgment Sheet

PESHAWAR HIGH COURT, PESHAWAR

JUDICIAL DEPARTMENT.

COC No. 249-P/2025 State Versus Asadullah, advocate Date of hearing: 23.02.2026

State by: Mr. Niaz Muhammad, AAG Accd/Respondent-contemnor : Nemo.

JUDGEMENT

IJAZ ANWAR. J: A complaint bearing No. 39/CJ- II/1-Q, Swat dated 14.5.2025 was submitted by Ms.

Fozia Nasim Civil Judge-II/Illaqa Qazi, Swat to the Registrar of this Court against Asadullah, advocate/member District Bar Association, Swat complaining about the use of indecent, scandalous, filthy, contemptuous, obnoxious language while addressing the court. The complaint was placed before Hon’ble the Chief Justice and his lordship was pleased to convert the same into Contempt of Court petition.

The petition was placed before a Division Bench of this court which vide order dated 15.5.2025, issued notice to

the advocate to file his reply within seven days and his license was suspended in terms of section 54 of the Legal Practitioners and Bar Councils Act, 1973. Mr.

Waqar Orakzai, Additional Advocate General was appointed as prosecutor in the case. Copy of the order was directed to be sent to all the concerned for information and it was further directed that the case be placed before a Single Bench.

2.The accused respondent remained

indolent in submitting reply to the show cause notice and on a number of dates time was sought for its submission. The reply was then submitted on 9.7.2025.

On 08.09.2025, the case was called several times but the accused respondent was not present and since the reply was not found satisfactory, therefore, direction was issued for personal appearance of accused respondent for framing of charge. Later that day, at 01:50 P.M accused-respondent appeared before the court and created a spiteful situation which has been depicted in

order sheet dated 08.09.2025 which is reproduced as under:-

“This case was called for hearing in the morning; however, the contemnor was not before the Court, and the case was kept in wait. Again, the case was called; however, no one appeared before the Court on behalf of the respondent, and as such, bailable warrant of arrest was issued against the contemnor with further direction of his personal appearance for framing of charge, because his reply to the show-cause notice was not found satisfactory.

2.It was about 1:50 PM when Mr.

Fahim Khan, Advocate, came to the rostrum and stated that, in view of long distance and travelling from Mingora, Swat, the respondent could not reach in time and requested for cancellation of the warrant. The request seems genuine; as such, the order for issuance of bailable warrant is hereby recalled. However, the contemnor, present in Court, is directed to positively appear on the next date of hearing for framing of charge.

3.On such communication, the contemnor got infuriated and completely lost his temper and created a completely untoward situation. The President and Secretary, Peshawar High Court Bar Association, present in Court, in some other matters, also failed to calm down the contemnor, and ultimately, he was taken out of the Court. Such conduct of the contemnor is unacceptable, however, in the interest of justice and fair trial as guaranteed under Article 10A of the Constitution of the Islamic Republic of Pakistan lenient view is taken, no adverse action is taken at this stage. He is, however, warned to be careful in future. It is, however, clarified that in case any such conduct is displayed again, it will not be tolerated. Case to come up for framing of charge against the contemnor on

3.Subsequently, on several dates, he failed to appear before the court, as such, non-bailable warrant of arrest was issued against him but to no avail and

therefore, this court was left with no other option but to direct for blocking/impounding of his CNIC vide order dated 06.10.2025. On the said date, Mr. Niaz Muhammad, AAG was appointed as prosecutor in the matter.

4.On 20.10.2025, accused-respondent

appeared before the court and submitted application for cancellation of warrant which was allowed and the warrant was cancelled. Formal charge against him was framed under sections 3, 5 and 6 of the Contempt of court Ordinance, 2004 read with Article 204 (2) (b) of the Constitution of Islamic Republic of Pakistan, 1973 in the following manner:

“FORMAL CHARGE

I, Justice Ijaz Anwar, Senior Puisne Judge, Peshawar High Court, Peshawar do hereby charge you accused Mr. Asad Ullah, Advocate, aged about 59 years R/O Swat, District Swat as follows:

That on 14.05.2025, at 12:30 hours, you entered courtroom of Ms. Fozia Nasim, learned Civil Judge-II/Illaqa Qazi, Swat and asked the reader of that Court to adjourn your case titled “Asad Ullah Vs Ajmal” fixed for 15.05.2025 and then used very indecent, scandalous, filthy, contemptuous, obnoxious and immoral language about the character of the learned Judge. Your this act and omission constitute contempt of court punishable under section 3, 5 and 6 of the Contempt of Court Ordinance 2004 read with Article 204(2) (b) of the Constitution of

Islamic Republic of Pakistan, 1973 and within cognizance of this Court.

And I hereby direct that you be tried by this Court on the said charge.

Dated. 20.10.2025.

Note: The charge has been read over and explained to the accused.

Q. Have you heard and understood the charge? A. Yes.

Q. Do you plead guilty to the charge or claim trial?

A. No, I do not plead guilty and claim trial. Asad Ullah (Advocate) ________ Dated. 20.10.2025.

5.After the charge was framed on

20.10.2025 to which the accused respondent met with denial and claimed trial, he completely disappeared and despite repeated issuance of non-bailable warrants of arrest, his attendance could not be procured. The prosecution was directed to file list of witnesses which was accordingly submitted. On 30.01.2026, Ms. Fozia Nasim, Civil Judge/JM, Jamil ur Rehman, Reader to CJ- IV, Swat and Nouman Ali, Steno Typist with CJ-VIII, Swat, Gulkada appeared before this court. Since neither the accused respondent was present in person nor represented by any counsel, therefore, the court proceeded to record the evidence in his absentia. The statement of Ms. Fozia Nasim Civil Judge cum Judicial

Magistrate, Kohat (Civil Judge VI) was recorded as Court Witness-1. In her statement she has reiterated the same facts as stated by her in the complaint. Her statement is reproduced as under:-

“Statement on oath of Mst. Fozia Nasim Civil Judge cum Judicial Magistrate Kohat (Civil Judge VI) During those days I was posted as Civil Judge-II Illaqa Qazi, Swat, Headquarter at Gulkada. On 14 May 2025, I was busy in routine deciding cases fixed on the docket of my Court that at about 12.30pm the contemnor Mr. Asad Ullah, Advocate entered my Court and stood beside the Reader Mr. Muhammad Jamil. He asked my Reader to adjourn a case which was fixed for the very next day i.e. 15.05.2025. The case was his personal and there were other cases before that Court in which he was impleading as a party. It is thereafter, that for no good reason the Contemnor while facing the reader and referring to me as “Women” in a derogatory manner asked for transfer of all his pending cases from that Court. It was followed by threat of unfavorable consequences if the cases were not transferred.

The contemnor continued with his rogue and contemptuous manner while making derogatory remarks in respect of the decision make by the Court and that he made patriarchal slur while referring to my gender to be suitable for household woman and not judiciary. The contemnor went to say further derogatory and contemptuous remarks before leaving the Court Room. The contemnor further cursed the Government of Pakistan for recruiting female judges and insulted me in such a slam and abusive words which were unbearable and still keep me upset. He threatened that in he would lock down the courts and no one including the police can stop him from doing so. The abusive language used by the contemnor is reproduced in my complaint exhibit CW-1/1 consists upon two pages. Videographer/ CCTV footage of the Court regarding the said incident was also preserved and was sent in soft alongwith the complaint. Character assassination and personal attacks on my character was done by the contemnor in open court in front of my staff members, litigants and lawyers which was very shocking to me and I am still in trauma due to that irreparable mental agony. He cursed and

abused me just because I am a judicial officer. He not only disregarded me but he also disregarded the decorum of the Court and he made a fun of judicial department which is intolerable at all. In detail these remarks cited in my report addressed to Worthy District & Sessions Judge of that day (14.05.2025) which I have seen today and which is duly exhibited, signed by me, found correct and correctly speaks of the events that took place at that day.

Report/ complaint is exhibit CW-1/1 consisting of two sheets. I am mentally shocked by the unprofessional and rude attitude of the contemnor and the decorum of the Court was demeaned in public eye. I seek that the contemnor by given exemplary punishment as to avoid such incidents in future.

XXX Nil Contemnor absent.”

Statement of Jamil ur Rehman, Reader was recorded as Court witness-2. He has supported the contents of complaint as well as statement of the courtwitness-1 by stating as under: - “Copies of CNIC and Service Card are exhibited-2/1, original seen/ inspected and returned.

Stated that my name has been inadvertently recorded in the Court notice as “Mohammad Jamil.” I request that this clerical mistake be corrected.

During the period in question, I was posted as Reader with the Court of Civil Judge-II/Illaqa Qazi, Swat Headquarters, Gulkada. The Court was presided over by Mst. Fozia Nasim, Civil Judge cum Judicial Magistrate, Kohat (present posting). The contemnor, Mr. Asad Ullah, Advocate, had numerous cases pending in that Court, either as plaintiff or defendant.

On 14.05.2025, at about12:30 PM, the contemnor came to the Court and stood beside me, requesting the transfer of his case already fixed for 15.05.2025 for no good reason. Meanwhile he lost his temper and began addressing me in a contemptuous manner, while doing so, he referred to the Hon’ble Presiding Officer in a disrespectful and derogatory

manner, using a perturbing slur and abusive language.

The contemnor was demanding the transfer of his personal case and upon refusal continued with rude and contemptuous behavior. His conduct is reflected in the complaint already exhibited as CW-1/1. I personally witnessed his unethical and contemptuous behavior and it clearly showed a disregard for court decorum, which is entirely unacceptable and intolerable.

I fully endorse the complaint against the contemnor. The language he used was shameful and inappropriate to the extent that I cannot repeat it before this Court however his abusive words are accurately reproduced in detail and exhibit CW- 1/1. I also charge the contemnor for his unruly behavior and request that appropriate punishment be imposed. The motive of the occurrence was that a couple of day earlier the contemnor’s personal case was decided against him due to which he intentionally made the contemptuous remarks about the Presiding Officer to influence and harass her.

I seek exemplary punishment to the contemnor. The contemnor continued with his contemptuous tone even while leaving the Court.

XXX Nil Contemnor absent.”

Statement Mr. Nouman Ali, Steno Typist has been recorded as Court Witness No.3. He also supported the contents of complaint, the statements of CW-1 and CW-2 by stating in the following manner: - “Copies of CNIC and Service Card are exhibited-3/1, Original was seen/ inspected and returned During those days I was on detailment with learned Civil Judge-II/Illaqa Qazi Swat, Headquarter, Gulkada. The Court was then presided by Mst. Fozia Nasim, Civil Judge cum Judicial Magistrate Kohat (present posting). The contemnor Mr. Asad Ullah Advocate had a couple of cases in that stated Court. We used to see him making appearance. It was some days earlier before the court that in his personal case he had developed animosity with the Presiding Officer as the case was decided against him. On 14.5.2025 at about 12:30pm he entered the

court and made some inquiries from the Reader. Thereafter, he in a loud voice and contemptuous manner while addressing the reader made certain remarks about the Presiding Officer that shocked me. The remarks and the way of communication spoke an unruly behavior not expected from the learned member of Bar. It was in fact not expected from the gentlemen and who also in violation of the code of conduct and the rich values of the District Swat addressed the lady judge. The contemnor was highly disrespectful and made shameful remarks which are correctly reflected in the complaint. I am witness of the occurrence. It caused harassment and distress to me. He used abusive language for the Presiding Officer which is accurately reproduced in complaint already exhibited CW-1/1.

I seek exemplary punishment to the contemnor. XXX Nil Contemnor absent.”

6.Thereafter, the prosecution closed its evidence and the case was posted to 20.02.2026 for ex- parte arguments. Ex-parte arguments heard on 20.02.2026 and the case was adjourned for today for order.

7.It is worth mentioning here that an advocate is not merely a representative of a client but also an officer of the court and a guardian of justice.

The duty and conduct of an advocate before the court is therefore governed by high standards of ethics, fairness, integrity, and professionalism. The administration of justice depends not only on judges but also on the

sincerity and uprightness of advocates and the foremost duty of an advocate is toward the court. Respectful behavior is one of the fundamental aspect of an advocate’s conduct. The court represents the rule of law and must be treated with dignity. An advocate should maintain decorum, address the judge courteously, and avoid interrupting or using immoderate language. Even in moments of disagreement, the advocate must address the court respectfully. Personal criticism of judges, opposing counsel, or parties has no place in professional practice. Mutual respect between the bench and the bar strengthens public confidence in the legal system.

8.In the instant matter, the contents of the complaint and the statements of the complainant and witnesses recorded before this court show that the accused respondent not only undermined the dignity of the lower court and the presiding officer but also remained neglectful throughout and displayed disrespect to the court orders during proceedings in the instant

petition exposing himself to punitive action under the provisions of the Contempt of Court Ordinance, 2004.

9.This Court, in exercising its jurisdiction to convict the Accused in absentia, finds statutory sanction in Section 17 of the Contempt of Court Ordinance, 2004. While Section 17(3) mandates that a court “shall fix a date for framing a charge in open court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of affidavits, or after recording evidence,” it also grants the court the discretion to “proceed to decide the matter” once the interest of justice so requires. This procedural mandate must be read in conjunction with the court’s inherent power to prevent the obstruction of justice. Where an accused, having been formally charged and having pleaded not guilty, willfully absents himself to frustrate the trial, the “opportunity of a preliminary hearing” and the “right of cross-examination” provided under Section 17 are not extinguished but are effectively waived by

the contemnor’s own conduct. The law cannot be interpreted to allow a contemnor to paralyze the court’s hand by simply refusing to appear. This interpretation is fortified by the established jurisprudence of the superior courts. In G. S. Gideon v. The State (PLD 1963 SC 1), the Hon’ble Supreme Court of Pakistan clarified that while the contemnor should be given the fullest opportunity of defending himself, such opportunity is deemed satisfied even if the hearing proceeds ex parte when the contemnor deliberately avoids the process:

In this view of the matter the question that next arises is as to what is the procedure that should be followed by a superior Court in the exercise of this special jurisdiction. There is no doubt some observation in Halsbury's Laws of England, Third Edition, Volume 8, page 3, to the effect that “criminal contempt is a misdemeanour punishable on indictment by fine or imprison-ment or by order to give security for good behavior”. But it appears that even in England the procedure by indictment fell into disuse long ago and was replaced by the modern practice of applying by notice of motion but in the cases of contempts in faciam curiae, the offender, it appears, may be committed instanter and no notice even is necessary. All that is required is that the contempt must be distinctly stated and adequate opportunity to answer given. So far as this country is concerned, it has been held by the Federal Court in Abdur Rashid v. The Crown and another ((1954) 2 F C R 277), that for “a proceeding relating to contempt of Court no parti-cular procedure is prescribed anywhere under the Procedure Codes. The proceeding is a summary procedure and may be disposed of according to the discretion of the Court in any manner which does

not cause prejudice to the defence”. In the above‐mentioned case also the evidence was taken at two different stages by two different learned Judges of the Lahore High Court, and &was contended that on this account the committal for contempt had been rendered illegal, but this contention was held to be devoid of any force. In another recent decision of this Court in the case of Saadat Mali v. The State (P L D 1962 S C 457), it was again pointed out that “there was no fixed formula for contempt proceedings and that technical accuracies were not required” nor were the Superior Courts “bound by the provisions of the Code of Criminal Procedure or by the technicalities of ordinary criminal proceedings” but all that was necessary was that the fundamental rules for the ascertainment of truth should be followed and the contemner should be given the fullest opportunity of defending himself. This opportunity, was not denied to the appellant Gideon in the present case, for, tie was repeatedly called upon to appear and it was only when lie continued to disregard the notices issued by the Court that it was ultimately decided to hear the matter ex parte. Opportunity, in the fullest measure, was, therefore, afforded to the appellant and it is his own fault that he did not choose to avail of the same. He cannot now be heard to complain on that account.

10.The distinction between a criminal trial and contempt proceedings is critical here. As established in N. S. Hoon v. Advocate-General, Sind (1979 SCMR 600), the technicalities of a traditional criminal trial do not strictly apply, and the court is permitted to rely on unchallenged evidence when the contemnor chooses not to rebut it:

“4....The learned Judge suggested. to the appellant that he could call Mr. Fakhruddin as a Court witness’ but the appellant did not agree to avail of any such facility, and nor did he otherwise call him

in defence. Not only that but the appellant did not also choose to file any counter affidavit after the deposition of Mr. Livingstone and thus avoided to face any questions which could have been put to him. It is well settled as laid down in Nizam Din v. Muhammad Bux (P L D 1958 Lah. 1042) (B. Z. Kaikaus, J.), Abdul Karim, etc. v. Boots and another (P L D 1956 Lah. 19), (B. Z. Kaikaus, J.), and In re: Subramanyan, Editor, Tribune' and other., (A I R 1943 Lah. 329) (as per Munir, J.), that while it is true that proceedings for contempt are in the nature of criminal proceedings it is not correct that the position of an alleged contemner is that of an accused (if we may add) for all purposes who cannot file an affidavit or make a statement on oath. In Ashfaque Ahmad v. The State Sheikh was laid down that “if he volunteered to make a statement he can be put questions by Court”. In the instant case the appellant filed an affidavit in response to a notice issued to him but after the close of the prosecution evidence namely the deposition of Mr. Livingstone he led no rebuttal and in this way various aspects of the testimony of Mr. Livingstone remained unrebutted. There was thus a sort of circumstantial corroboration and in these circumstances the objections raised have no merit. It was suggested to us that as the appellant could influence the criminal proceedings which were pending against the complainant he put up this case against him. In the Court below. however, the plea advanced (in arguments) was that the appellant could not influence the aforesaid criminal case and therefore there was no occasion on his part to have administered any threats or made any inducements to the complainant. The preliminary and the only affidavit of the appellant was completely silent on this aspect of the matter...”

11.Furthermore, while the court remains cautious of convictions in absentia, as noted in Editor, Daily Nawa-i-Waqt, Lahore v. State (PLD 1966 SC 419), the present case is distinguished by the Accused’s “clear, deliberate pattern of non-compliance.” Unlike cases where notice might be in doubt, the Accused here

was present for the framing of the charge and subsequently “completely disappeared,” leaving the Court no choice but to protect the majesty of the law by proceeding to judgment. Consequently, the unrefuted evidence of the Complainant and court officials stands as conclusive proof of the Accused’s guilt.

12.In view of the above accused respondent is found guilty of the allegation of contempt of court as provided under section 3 of the Contempt of Court Ordinance, 2004. He is, therefore, punished with simple imprisonment for six (06) months and with fine of Rs.

100,000/- (one hundred thousand).

13.These are the reasons for my short order of even date.

Senior Puisne Judge

Announced on;

Dated. 23.02.2026 *Amir*