IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Appeal No.S-48 of 2022

Appellant:                    Ashique Hussain s/o Illahi Bux Gopang

Through Mr.Safdar Ali Ghouri, Advocate

The State:                      Through Mr. Ali Anwar Kandhro, Addl.P.G, Sindh

Date of hearing:           27.03.2023

Date of decision:           27.03.2023

JUDGMENT

IRSHAD ALI SHAH, J; The facts in brief necessary for disposal of instant criminal appeal are that the appellant being Inspector Sanitation, T.M.A Qamber, was asked by learned District & Sessions Judge, Qamber-Shahdadkot @ Qamber,  to drain out the flood water from the Court premises, which he failed to drain out by using derogatory and un-parliamentary language by saying that he is not free and is not bound to do the Court work; such words were taken by learned District & Sessions Judge, Qamber-Shahdadkot @ Qamber, to be insult to Court proceedings; consequently, the appellant was served with notice to show-cause as to why an action under Section 228 PPC should not be taken against him; the reply furnished by the appellant was found unsatisfactory; resultantly he was convicted under Section 228 PPC and sentenced to undergo simple imprisonment for five days and to pay fine of Rs.1000/- and in default whereof to undergo simple imprisonment for one day, by learned Sessions Judge, Qamber-Shahdadkot @ Qamber, vide order dated 09.09.2022, which he has impugned before this Court by preferring the instant criminal appeal.

2.         It is contended by learned counsel for the appellant that no insult or interruption to public servant while sitting in judicial proceedings has taken place; therefore, the impugned order being illegal is liable to be set aside. In support of his contentions, he relied upon case of Rab Nawaz Vs. The State (2011 SCMR-1485).

3. Learned Addl.P.G for the State did not support the impugned order.

4.         Heard arguments and perused the record.

5.         Section 228 PPC prescribes that whoever intentionally offers any insult or causes any interruption to any public servant while such public servant is sitting in stage of any judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to three thousand rupees or with both. In the instant matter, the appellant admittedly was working as Inspector Sanitation with T.M.A Qamber was asked by learned District & Sessions Judge, Qamber-Shahdadkot @ Qamber, to drain out the flood water from the Court premises, which he allegedly failed to drain out by using derogatory and un-parliamentary language. If for the sake of arguments, it is believed that such refusal was actually made by the appellant by using derogatory and un-parliamentary language even then action under Section 228 PPC was not justified for the reason that it was not done in a judicial proceedings. Consequently, the impugned order is set aside and appellant is acquitted of the charge.

6.         The instant criminal appeal is disposed of accordingly.

              JUDGE

.