Pakistan Case LawContempt proceedings Versus Contempt proceedings against Senator Faisal
This matter concerns contempt of court proceedings initiated against Senator Faisal Vawda and Mr. Mustafa Kamal following press conferences held on 16 May 2024. The core legal question involves determining whether the statements made during these press conferences constitute contempt of court and the subsequent liability of media outlets that broadcast the material. Regarding Mr. Mustafa Kamal, the Court acknowledged his submission of an unconditional and unqualified written apology, seeking the mercy of the Court. Conversely, Mr. Faisal Vawda requested additional time to file a further reply. The Court observed that the live broadcast of these press conferences by numerous television channels prima facie appears to constitute contempt of court, referencing a previous order dated 17 May 2024. Consequently, the Court directed that notices be issued to all channels involved, to be served through the Pakistan Electronic Media Regulatory Authority, requiring them to submit explanations within two weeks. The Court also tasked the Attorney-General with identifying specific contemptuous remarks in the transcripts and accepted a volunteer's offer to provide religious texts regarding slanderous speech.
- Does the live broadcasting of press conferences containing potentially contemptuous material render the broadcasting channels liable for contempt of court?
- Can a party facing contempt proceedings be granted additional time to file a reply after an initial submission?
- Is an unconditional and unqualified apology sufficient to address contempt of court allegations?
ORDER
Pursuant to the notices issued to Mr. Faisal Vawda and Mr. Mustafa Kamal, they are respectively represented by learned Mr. Moiz Ahmed and learned Mr. Farough Naseem.
2.Mr. Farough Naseem states that his client has submitted an unconditional and unqualified written apology (Criminal Misc. Application No. 682 of 2024) with regard to what was said in the press conference held on 16 May 2024 and throws himself at the mercy of the Court and seeks forgiveness.
3.As regards Mr. Faisal Vawda the learned counsel points out that he has filed Criminal Misc. Application No. 689 of 2024 setting out the facts, however, if another opportunity is granted he may submit an additional reply.
4.The Pakistan Electronic Media Regulatory Authority ('PEMRA') has filed transcript of the two press conferences (Criminal Misc. Application No. 683 of 2024) and mentions that 34 channels had live broadcast the press conference of Mr. Faisal Vawda and 28 channels had live broadcast the press conference of Mr. Mustafa Kamal. In paragraph 8 of our order dated 17 May 2024 we had noted, 'That television channels and all those who broadcast, re-broadcast and/or publish material constituting contempt of Court may also be committing contempt of Court.' The broadcast of the press conferences on the said channels prima facie appears to constitute contempt. Therefore, let notices be issued to all the said channels, to be served through PEMRA, and they are called upon to submit their explanations/replies within two weeks as to why they should not be proceeded against for contempt of Court.
5.The learned Attorney-General for Pakistan shall mark the transcripts where he considers something was said which may constitute contempt of Court. The learned Hafiz Arfat Ahmed who is present in Court volunteers to provide a list of verses of the Holy Qur'an and sayings of Prophet Muhammad (peace and blessings be upon him) with regard to backbiting, hurtful and/or slanderous speech.
6.To come up on 28 June 2024. Both the alleged contemnors and the representatives of the said television channels are directed to be in attendance on the next date of hearing.
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