Bailiff

Question: What is a bailiff? What powers does a bailiff have? And if a bailiff's powers are interfered with, what are the consequences, and if a bailiff exceeds his powers, what happens then?

Answer: A bailiff is a representative appointed by the court, and under a court order he has all the powers specified in that order. 'Bailiff' is a term used in law for convenience — the court cannot go everywhere itself, so it can appoint its own representative in its place, and if it can appoint its own representative, what powers will that representative have? For example, 2007 PLD page 359, Lahore High Court — you will find the details there. The court gave a specific direction: you are to hand over possession of this property to A. This property was in B's possession; you are to take it from B and hand it over. The bailiff went and found that B was not in possession there — C was in possession there. When the order gives no specific direction, and only directs that possession of this property is to be handed over to A, then the bailiff's powers in this regard are unlimited. Now the bailiff went to the site, and the occupants there behaved rudely and picked a fight — now if the bailiff is treated rudely while carrying out his lawful duties, the duties assigned to him by the court, this will be considered, and not merely considered but actually held, to be contempt of court.

2001 PCr LJ page 1833, Lahore High Court — now if the bailiff goes and meets resistance, is obstructed, is fought with, is treated rudely, this will amount to contempt of court, and no independent application will be needed — the court will itself take action on the bailiff's report. When the bailiff reports that this fight, this rudeness, this mistreatment happened to me, or that I was obstructed, once the court is satisfied that yes, all of this happened to the bailiff, it will proceed against the accused. When a habeas corpus petition is filed in court, only the SHO is made a party; now if that bailiff goes to the police station and the clerk treats him rudely, other policemen treat him rudely, they cannot escape contempt of court on this basis.

A bailiff is a court representative, and by virtue of being a court representative, whoever treats him rudely is treating the court rudely. Now, how strict a stance have the courts taken on this — even if the culprit or the accused offers an unconditional apology, saying, sir, I offer an unconditional apology, I made a mistake — even then the court does not let him off; at most it goes only so far as to reduce the sentence, whether it be a matter of a few hours, a few days, or a few minutes.