Case Details

Citation(s)
2018 SLG 2150 2018 SLD 2150 2018 PLD 738
Supreme Court of Pakistan
Criminal Original Petition No. 10 of 2018, decided on 28-06-2018. Dates of hearing: 7th, 19th, 23rd Februarty; 6th , 13th, 26th, 30th March; 16th; 24th April and 03-05-2018.
SH.AZMAT SAEED, JUSTICE MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Muhammad Waqar Rana, Additional Attorney General, Haji Adam, D.G. (Monitoring) PEMRA (Prosecution Witness) and Sajid Hussain, Journalist, DUNIYA Channel (Prosecution Witness) for Federation. Muhammad Ali Raza, Advocate Supreme Court along with alleged co

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Law: Contempt of Court Ordinance, 2003

Section: 3,5

Law: Constitution of Pakistan, 1973

Section: 204(2)(b)

(a) Contempt of Court Ordinance (V of 2003)--- ----Ss. 3 & 5---Constitution of Pakistan, Art. 204(2)(b)---Contempt of court---Contemptuous and derogatory remarks in respect of the Supreme Court made in a press conference and on electronic media---Ridiculing and scandilizing character of a Judge of the superior judiciary---Contemnor tried to justify his contemptuous utterances by claiming that the same were made in the heat of the moment after the announcement of passed in favour of a political opponent --- Such justification was not legally tenable---Contemnor was a senior political leader, who was not only expected but required to act in a responsible and prudent manner---Politician of the stature of contemnor having a fairly large public following, and having access to social, print and electronic media by way of addressing public gatherings or press conferences was expected to be more careful in selection of words and should use a very guarded language and act like a role model for the masses---While exchanging barbs with his political rival, the contemnor dragged the Supreme Ccourt in the argument in a scandalous manner, which tended to ridicule and bring the authority of the Court and the administration of law into disrespect or disrepute---Utternaces made by the alleged contemnor, could not be treated as just and fair comments on the of the court and/or on the conduct of a judge of the Supreme Court---Even otherwise no such plea or defence was raised by the contemnor---To meet the ends of justice all incriminating and contemptuous utterances as reported in print media as well as on TV channels attributed to the contemnor were brought on the record and put to him and he was also provided a chance to defend himself by recording his statement under S.342 Cr.P.C. but no material was brought on the record to rebut the evidence led by the prosecution---Contemnnor was guilty of the charge of scandalizing the Supreme Court and its judges and bringing ridicule and disrespect to its authority and thereby obstructing, interfering with and prejudicing the process of law and due course of proceedings of the Supreme Court---Contemnor had made himself liable for…
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