| Citation(s) |
|---|
| 1971 SLG 3066 1971 SLD 3066 = 1971 PLD 72 |
Supreme Court of Pakistan
Criminal Miscellaneous No. 2 of 1970, decided on 19th October 1970.
Presented By: Hamoodur Rahman, C. J., Sajjad Ahmad, . R. Khan and Waheeduddin Ahmad, JJ
M. B. Zaman, Advocate-General Punjab (Dilawar Mahmood, Addl. A.-G. and R. S. Sidhawa, Advocates Supreme Court with him) instructed by Ijaz Ali, Advocate-on-Record for Attorney General under Order XLV, Supreme Court Rules.
Criminal Miscellaneous No. 2 of 1970, decided on 19th October 1970.
Presented By: Hamoodur Rahman, C. J., Sajjad Ahmad, . R. Khan and Waheeduddin Ahmad, JJ
M. B. Zaman, Advocate-General Punjab (Dilawar Mahmood, Addl. A.-G. and R. S. Sidhawa, Advocates Supreme Court with him) instructed by Ijaz Ali, Advocate-on-Record for Attorney General under Order XLV, Supreme Court Rules.
ARIF NIZAMI AND 2 OTHERS
Law: Constitution of Pakistan, 1962
Section: 123(2)(b)
(IN THE MATTER OF CONTEMPT OF THE SUPREME COURT). (a) Constitution of Pakistan (1962), Art. 123(2)(b) - Contempt of superior Courts -Publication of contumacious news-item -Plea that publication was due to bona fide mistake-Held : neither plea nor mistake could be bona fide where correction slip not inserted in subsequent issue of paper till time when contemner hauled in for contempt. An attempt should be made at the earliest possible oppor tunity to correct an unfortunate mistake committed in publish ing a contumacious news-item by inserting a correction note in a subsequent issue of the newspaper concerned. This is the minimum amend that journalistic ethics demand. It is the duty of journalists to forthwith correct any false impression created by their own mistake rather than to allow the mistake to stand, particularly where it is likely to cause harm to the reputation of another. No shame attaches to the admission of a bona fide mistake but to allow a mistake to stand even after it has been discovered may well lead to the inference that the mistake was not a bane fide one. (b) Constitution of Pakistan (1962), Art. 123(2)(b)-Contempt of Court-Publication of baseless news-item that `proceedings oil instruction of Law Minister were drawn up against six Judges of High Court'-Editor, Printer and Publisher along with staff reporter (,actual author of news-item) legally responsible in fullest measure for offending publication-Circumstance, that publication at behest of staff reporter was without knowledge of Editor, Printer and Publisher, may, however, be taken into consideration in assessing quantum of punishment. At the behest of the Staff Reporter of a newspaper, a news item was published in the newspaper to the effect that on the instruction of the Law Minister proceedings were likely to be drawn up against six Judges of the High Court. The news item was completely baseless and along with the Staff Reporter, the Editor and the Printer and the Publisher were also hauled in for contempt of Court. On behalf of the Editor, the Printer and the Publisher it was pleaded that it was not known to them how the news-item came to be published. Held: So far as the…