Procedure for dealing with disobedience of injunction order
Where the court finds that there are facts which may require the imposition of the penalties for disobedience of injunction order under rule 2 ( 3 ) of O. XXXIX , code of civil procedure 1908, the Court shall put the person at fault on this guard by framing a question or as an issue which should embody all the elements of a charge under the criminal jurisdiction and a precise reference to the law under which the court purposes to punish him.
After framing a question or issue, the presiding office/ judge should have held oral examination of the petitioner instead of receiving evidence on affidavit by using it’s discretion under O. XIX, C.P.C because as a general rule, a case involving quasi criminal penalties is not a suitable case for grant of permission to prove by affidavit and the civil courts when applying similar remedies, would do well in all such cases to adopt as nearly as may be the procedure prescribed for the criminal cases.
Hatim V. Shah Din PLD 1952 Lahore 77
Muhammad Aslam v Muhammad Nazeer 2011 MLD 1449
Disobedience of injunction order must be intentional
Before punishing a person for contempt, it must be proved that the disobedience is willful. Existence of mens rea on the part of violator is essentially required to be established beyond doubt. The mere unintentional disobeying a judgement, order or process of Court amounts to contempt in theory only and does not render a person liable to punishment.
Rafique Ahmad Awan V. A.D.J Sialkot etc PLJ 2014 Lahore 504
Radhamohan Rana and others vs. Gobinda Gopalananda, AIR 1951 Orissa 230
Pitrus Lahara v. R.V. Dalal, AIR 1953 Nag 179
State of Bihar vs. Rani Sonabati Kumari, AIR 1954 Patna 513
N. Baksi vs. O.K. Ghosh AIR 1957 Patna 528
No contempt in absence of any specific direction
The court has not specifically restrained the respondents from interfering in the suit land , contempt petition was dismissed. At the moment, the injunctive order is served upon respondents, it becomes operative.
Fida Hussain V. Sana Ullah Abbasi and others 2020 YLR 1413
Contempt and disobedience of injunction order
Proceeding of contempt of court as well as actions under O.XXXIX, R.2(3) of cpc can be taken against the person who disobeys the injunctive order.
Fida Hussain V. Sana Ullah Abbasi and others 2020 YLR 1413
Acts in disobedience of injunction be set-aside
Illegal acts in violation of the stay must be cancelled and set aside. Any act done in violation of stay order is nullity in the eyes of law.
Muhammad Sabir Khan and 13 others V. Rahim BKhash and 16 others. PLD 2002 SC 303
Punishment for disobeying as well as restoration of position
Where the temporary injunction is violated, the court is competent to not only punish the contemnor for disobedience but also to direct the removal of illegal construction and restore the position on site, as it existed at the time of issuance of stay.
Ghulam Mustafa and another V. Amtul Qadir and others 2020 CLC 1853
Violation of injunction does not render the suit infructuous
In suit for permanent injunction, mere disobedience of injunction order by way of demolition does not make the suit infructuous, rather the court could direct to restore the position of the property to it’s original condition as it was at the time of suit and thereafter try the suit on merits rather than assuming it to be infructuous.
Chiragh din and another V. Chairman thal development authority 1970 SCMR 29
Ghulam Mustafa and another V. Amtul Qadir and others 2020 CLC 1853
In case the main Lis was dismissed later, the court observed that if during the period when an injunction was in operation it was disobeyed, the court would proceed against the party responsible for the breach and that dismissal does not excuse the party guilty of disobeying the order.
Bakhtawar and others V. Amin and others 1980 SCMR 89
Ghulam Mustafa and another V. Amtul Qadir and others 2020 CLC 1853
Subsequent Vacation of injunction would not condone disobedience
The mere fact that the order disobeyed has been subsequently vacated will not exempt the contemnor from punishment for violation of stay during the period of it’s operation.
Hamida Akhtar V Nazir Muhammad 1995 CLC 2020
Who can be guilty of violation of court order?
No one can be held guilty of the disobedience except the person to whom the direction is issued and the court has no jurisdiction to initiate contempt of court proceeding against the person to whom no order is made.
Syed Naghman Haider zaidi and another V. Zahid Mehmood and others PLD 2009 SC 380
Naveed Nawazish Malik V.Ghulam Rasool bhatti and another 1997 SCMR 193
Qasimabad Enterprises V. Province of Sindh 1998 CLC 441
Abdul Majid and another V. Bashir Ahmad 1988 CLC 1370
Iftakhar Ali V. Javid Dastagir Mirza and 6 others PLD 1975 Lahore 126
Karam Ali and others V. Raja and others PLD 1949 lah 100
Main Sultan Ali sanghiana V. Main Noor Hussain PLD 1949 Lahore 301
Disobedience petition against Govt. Officer
Govt officials should not be summoned in these proceedings if they were not arrayed as party in the suit proceeding or against whom no stay order was issued because not only the official work suffers but also the govt officials are dragged in the court without any reasonable ground.
Aman and 5 others and Muhammad Ali ND 8 others PLD 1995 SC 572
Violation of undertaking punishable under O. 39 rule 2(3)
Suit was finally disposed of on undertaking or admission in written statement. Undertaking is binding upon party as injunction. In case of violation wrong doer may be penalized for violation under O. 39 rule 2(3)
Muhammad ashiq alias Ashiq Ali v. Razia begum and others PLD 1982 Lahore 459
Ch. Ghulzar Khan V. Saghir Ahmad 2004 MLD 402
Hassan Masud Malik V. Muhammad Iqbal 1995 SCMR 766
No execution in contempt jurisdiction
Where the order of court is to be implemented, the appropriate remedy would lie in execution proceedings and not in contempt proceeding. Contempt would only lie in circumstances which are mentioned in article 204 of the constitution. Contempt of court ordinance does not contain any provision for execution of the order , judgement or decree of the court in contempt jurisdiction.
Saeeda Sultan V. Liaqat Ali Orakazai PLD 2021 SC 671
