Case Details

Citation(s)
1976 SLG 149 1976 SLD 149 1976 PLD 354
Supreme Court of Pakistan

MUHAMMAD YAQUB ALI, C.J., SALAHUDDIN AHMED, ANWARUL HAQ AND MUHAMMAD GUL, JJ

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M, INAYAT KHAN

VS

M. ANWAR AND 2 OTHERS

Law:

Section:

(a) Constitution of Pakistan (1962)-- Art. 123-Contempt of Courts-Conduct calculated to diminish dignity and authority of Courts and to impair public confidence in their independence, impartiality and integrity-Constitutes contempt-. of gravest kind-imputing motives to Judges, and alleging, or even insinuating their s to be inspired by extraneous considera­tions, like fear or favour of executive-Also amounts to contempt of Court-Such imputation, allegation, or insinuation cannot in any event be regarded as fair and legitimate comment made in good faith and in public interest on working of Court-Constitution of Pakistan (1973), Art. 204(2), Explanation.-[Contempt of Court]. Reg v. Gray (1900) 2 Q B 36 ; Andre Paul Terence Ambard v. The Attorney-General of Trinidad and Tobago A I R 1930 P C 14 t ; In lei Tushar. Kanti Ghosh, Editor, Amrat Bazar Patrika A I R 1935 Cal. 419 ; The Crown v. Aminuddin Sahrai P L D 1949 Lah. 410 ; The Crown v. A. Rafique P L D 1950 Sind 74 ; The State v. Moulana Abdul Rashil Tarkabagish P L D 1959 Dacca 252 and Sir Edward Snelson v. Judges of the High Court of WeSX Pakistan, Lahore P L D 1961 S C 237 ref. (b) Constitution of Pakistan (1962)- Art. 123 and Constitution of Pakistan (1973), Art. 204(2), Explanation-Contempt of superior Courts-Offender not only voicing his, dissent from a particular doctrine expounded by Supreme Court in a case several years ago but also imputing improper motives to ­the then Chief Justice for delivering such -Offender even= maligning Chief Justice by asserting that in such case was in line with previous delivered by him earlier in another case and that both such s were motivated by ulterior­ purpose of giving support to the then Head of State in first case and to Martial Law usurpers of power in second case and such s gave death blow to democracy and rule of law in Pakistan-Langu­age employed also extremely harsh and derogatory, speaking of Chief Justice's and other Judge's "poisonous mind" and giving a go-by to oath taken by them to defend country's Constitution-Such statements, held, cannot in any sense amount to fair comment or, correctness or propriety of concerned and publication containing such…
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