| Citation(s) |
|---|
| 2019 SLG 382 2019 SLD 382 2019 PLJ 62 |
Supreme Court of Pakistan
Crl. Original Petition No. 9 of 2018, decision Dated:02.08.2018. Date of hearing: 11.07.2018.
GULZAR AHMED, JUSTICE SARDAR TARIQ MASOOD, JUSTICE FAISAL ARAB, JUSTICE
Petitioner(s) by: Mr. Kamran Murtaza, Sr. ASC and Syed Rifaqat Hussain Shah, AOR for alleged Contemnor.
Respondent(s) by: Ch. Aamir Rehman, Additional A.G. assisted by Barrister Asad Rahim Khan
Crl. Original Petition No. 9 of 2018, decision Dated:02.08.2018. Date of hearing: 11.07.2018.
GULZAR AHMED, JUSTICE SARDAR TARIQ MASOOD, JUSTICE FAISAL ARAB, JUSTICE
Petitioner(s) by: Mr. Kamran Murtaza, Sr. ASC and Syed Rifaqat Hussain Shah, AOR for alleged Contemnor.
Respondent(s) by: Ch. Aamir Rehman, Additional A.G. assisted by Barrister Asad Rahim Khan
Law: Contempt of Court Ordinance, 2003
Section: 3,5,7,18
Law: Constitution of Pakistan, 1973
Section: 19,204
Contempt of Court Ordinance, 2003 ( of 2003)-- ----Ss. 3, 5, 7 & 18--Constitution of Pakistan, 1973, Arts. 19 & 204--Initiating of--Contempt proceedings--Issuance of show-cause notice--Contemptuous remarks--Recording of statement under Section 342, Cr.P.C.--Powers of Chief Justice of Pakistan--Right of freedom of speech--Principle of judicial restraint--Such utterances of alleged contemnor, amounted to abuse of Court and to scandalize Court or tends to bring Court or a Judge of Court into hatred, ridicule or contempt within meaning of Article 204 of Constitution and further such contempt in terms of Section 18 of Contempt of Court Ordinance, 2003 was substantially detrimental to administration of justice in that it scandalized Court and tend to bring Court or a Judge of Court into a hatred or ridicule--Principle to be applied in each and every case as each and every case is based upon its own different facts, which in law are required to be dealt with in peculiar facts and circumstances at their own case--Alleged contemnor has committed contempt of Court within meaning of Article 204 of Constitution read with Section 3 of Contempt of Court Ordinance, 2003 and made himself liable for punishment--Contempt proceedings disposed of. PLD 2007 SC 688, 2018 SCMR 556 and 2000 PCr.LJ 1621 ref. THIS ORDER PASSED BY: GULZAR AHMED, J.- On 01.02.2018, the Registrar of this Court had put up a note to the Hon'ble Chief Justice of Pakistan, the contents of the note are as follows: "PUC are press clippings dated 13.09.2017, 14.01.2018, 20.01.2018 whereby statements were reported and transcripts of speeches at public gathering dated 24.01.2018 & 27.01.2018 telecast by different TV channels pertaining to Mr. Talal Chaudhry, State Minster. The statements are contemptuous and derogatory in respect of this Hon'ble Court with special reference to the decision of this Court dated 28.07.2017 passed in Constitution Petition 29/2016 etc. The words used constitute interference with and obstruction of the process of the Court as well as aimed at belittling the stature of the Apex Court. It is prima facie Contempt of Court in terms of Article 204 of the Constitution of Islamic Republic ofโฆ
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