Abstract
Pakistan emerged on the map of the world in 1947, the Contempt of the Courts Act, 1926 prevailing in sub-continent before partition was adopted. In 1976, under Article 204 of the constitution of Pakistan ,1973, the Contempt of Court Act ,1976 was enacted which repealed Contempt of Courts Act,1926. There after Contempt of Court Ordinances ,1998, 2003,2004 were promulgated from time to time and in 2012, the Contempt of Court Act, 2012 was enacted. The Supreme Court of Pakistan in a judgment declared the Act, 2012 unconstitutional and revived the Contempt of Court Ordinance, 2003. The purpose of this article is to study the revival of Ordinance, 2003 in the light of Constitution, 1973 and to ascertain that which law of Contempt of Court is holding the field in the country.
Highlights
The purpose of this article is to study the revival of Ordinance, 2003 in the light of Constitution, 1973 and to ascertain that which law of Contempt of Court is holding the field in the country
Ordinance No X of 1998: In exercise of the powers conferred by clause (1) of Article 89 of the Constitution of Pakistan, 1973 the president promulgated the Contempt of Court Ordinance, 1998 on 27th October 1998 which repealed the Contempt of Court Act, Habibia Islamicus Vol 5 Issue 4 Law Of Contempt Of Court And Leading Cases Of Pak.. 1976.HoweverOrdinance, 1998 stood repealed after expiration of four months on 26th February 1999 by virtue of Article 89 of the Constitution
Ordinance No: V of 2003:In accordance with Article 89(1) of the constitution, the Contempt of Court Ordinance, 2003 was promulgated on 15th December2003 and made applicable from 9th Nov 2003 to fill the vacuum created by the lapse of previous Ordinance, 2003.Before expiry of this Ordinance the Article 270 AA was inserted on 31.12.2003 in the Constitution through Constitution (Seventeenth Amendment) Act, 2003. the Ordinance was protected till its revocation or amendment by the competent authority
Summary
Act No: XII of1926: Pakistan came into existence in 1947 and inherited the Contempt of Courts Act, 1926. Ordinance No X of 1998: In exercise of the powers conferred by clause (1) of Article 89 of the Constitution of Pakistan, 1973 the president promulgated the Contempt of Court Ordinance, 1998 on 27th October 1998 which repealed the Contempt of Court Act, Habibia Islamicus Vol 5 Issue 4 Law Of Contempt Of Court And Leading Cases Of Pak.. Ordinance No: V of 2003:In accordance with Article 89(1) of the constitution, the Contempt of Court Ordinance, 2003 was promulgated on 15th December2003 and made applicable from 9th Nov 2003 to fill the vacuum created by the lapse of previous Ordinance, 2003.Before expiry of this Ordinance the Article 270 AA was inserted on 31.12.2003 in the Constitution through Constitution (Seventeenth Amendment) Act, 2003. the Ordinance was protected till its revocation or amendment by the competent authority. Habibia Islamicus Vol 5 Issue 4 Law Of Contempt Of Court And Leading Cases Of Pak.. 2012 SC 923) and revived the Contempt of Court Ordinance No V of 2003 with effect from 12-7-2012 the day when Act, 2012 was enforced
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