Case Details

Citation(s)
2018 SLG 1416 2018 SLD 1416 2018 PCRLJ 899
Islamabad High Court
Criminal Original No. 40 of 2018, decision & hearing Dated: 21-02-2018.
SHAUKAT AZIZ SIDDIQUI, JUSTICE
Barrister Taimoor Aslam Khan for
Respondent No. 2. Syed Safeer Hussain Shah for
Respondents Nos. 2 to 5.

STATE THROUGH ADVOCATEGENERAL OF ISLAMABAD

VS

MATI ULLAH JAN AND 4 OTHERS

Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 204(2)---Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002), S. 4---Contempt of Court---Television show---Maligning Superior Courts---Unconditional apology---Allegation against the host of the television show and his guests ("respondents") was that during the show the name of a High Court judge was repeated time and again with mala fide intention, ulterior motives and in order to mislead the viewers, and that a unilateral opinion without verification was expressed and an attempt was made to malign the superior Courts of the country /alleged contemnors had admitted the allegations and tendered unconditional apology, by stating that they would remain careful in future, therefore, the High Court by showing grace and kindness discharged the contempt notices and dropped the contempt proceedings initiated against the respondents---High Court observed that it was the prime responsibility of Pakistan Electronic Media Regulatory Authority ("PEMRA") to play its role by keeping a watchful eye on the programmes, especially talk shows, which were being telecast on the news channels on daily basis, and instead of being awoken by the Courts or any other institute, PEMRA itself was required to act in accordance with their rules and regulations to avoid violation of terms and conditions contained in the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 and Electronic Media (Programmes and Advertisement), Code of Conduct, 2015 so as to make sure that violation of provisions of Art. 19 of the Constitution had not been made by any of the news channels---Contempt proceedings were discharged accordingly. Zulfiqar Ali v. The State 1999 SCMR 2810 and Raja Munawar and others v. The State 1990 SCMR 215 fol. (b) Constitution of Pakistan--- ----Art. 19---Freedom of speech---Scope and limitations---Print and electronic media---Freedom of speech did not provide license to any person to make personal attempts on an individual or an institution to disgrace his dignity and reputation---Government should, therefore, strike a just and reasonable balance between the need for ensuring the people's right of freedom of…
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