Criminal Original Petition Versus Contempt proceedings against Senator Faisal

Criminal Original Petition No.06 of 2024, decided on 17th May, 2024.

Result: Order Accordingly.

Summary

This matter arose from two separate press conferences held by Senator Faisal Vawda and Member of the National Assembly Mustafa Kamal, which were broadcast live on television and social media. In these press conferences, both individuals allegedly leveled malicious and serious allegations against the judiciary, commented on judges of the superior courts, and spoke about sub judice cases pending before the Supreme Court of Pakistan. The core legal question was whether these public statements prima facie constituted contempt of court under the constitutional and statutory framework. The Supreme Court of Pakistan held that the statements prima facie appeared to be contemptuous. Consequently, the Court issued show-cause notices to both individuals, directing them to submit explanations and appear in person. The Court also warned television channels and media outlets that broadcasting or publishing material constituting contempt of court could subject them to similar contempt proceedings, emphasizing the constitutional limits on the right to freedom of speech.

Questions settled in this judgment

Whether public allegations against judges of the superior courts and comments on sub judice cases in a press conference prima facie constitute contempt of court?
What are the constitutional limits imposed on the right to freedom of speech and expression under Article 19 of the Constitution of Pakistan?
Can television channels and media outlets be proceeded against for contempt of court for broadcasting or publishing contemptuous material?

Laws & provisions referred

contempt of courtfreedom of speechshow cause noticesub judicejudiciarypress conferencemedia broadcast

ORDER

1.On 15 May 2024 Senator Faisal Vawda held a press conference at the National Press Club, Islamabad which was broadcast live on a number of television channels. In the press conference he apparently leveled several malicious and serious allegations against the Judiciary, commented on the Judges of the superior courts and spoke about sub judice cases, including those before this Court. The press conference was also streamed on the internet and social media forums and extracts from his talk were published in different newspapers.

2.After the matter of Senator Faisal Vawda was numbered as Criminal Original No.6 of 2024 a similar press conference was conducted by Mr. Mustafa Kamal, Member of the National Assembly ('MNA'), on 16 May 2024, also at the National Press Club, Islamabad, and which was also broadcast live on a number of television channels. In the press conference he apparently leveled several malicious and serious allegations against the Judiciary, commented on the Judges of the superior courts and spoke about sub judice cases, including those before this Court. The press conference was also streamed on the internet and social media forums and extracts from his talk were published in different newspapers.

3.Article 19 of the Constitution of the Islamic Republic of Pakistan ('the Constitution') grants to every citizen the right to freedom of speech and expression but places restrictions, amongst others, with regard to contempt of Court. Article 204 of the Constitution defines contempt of Court and empowers this Court to punish any person who:

'(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;

(b)scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;

(c)does anything which tends to prejudice the determination of a matter pending before the Court; or

(d)does any other thing which, by law, constitutes contempt of the Court.'

Contempt of Court is further attended to by the Contempt of Court Ordinance, 2003.

4.Prima facie what was said by Senator Faisal Vawda appears to be contempt of Court, therefore, we are constrained to issue show cause notice to him and Senator Faisal Vawda is granted an opportunity to submit his explanation/reply within two weeks of the receipt of the show cause notice. He is directed to be in attendance before this Court on the next date of hearing. Show cause notice to him be sent at his residential address and also to the Secretariat of the Senate of Pakistan.

5.What Mr. Mustafa Kamal, MNA, said also prima facie appears to be contempt of Court, therefore, we are constrained to issue show cause notice to him and Mr. Mustafa Kamal, MNA, is granted an opportunity to submit his explanation/reply within two weeks of the receipt of the show cause notice. He is directed to be in attendance before this Court on the next date of hearing. Show cause notice be sent to him at his residential address and also to the Secretariat of the National Assembly.

6.Notice be also issued to the Attorney-General for Pakistan, under rule 7(2) of Order XXVII of the Supreme Court Rules, 1980, who shall conduct the proceedings. Copy of this order be sent to the learned Attorney-General.

7.The Pakistan Electronic Media Regulatory Authority (PEMRA) is directed to submit recording of said two press-conferences together with their complete transcripts, including that of the question and answer session.

8.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, therefore, they should desist from doing so, failing which they may also be proceeded against contempt of Court. To come up on Wednesday, 5 June 2024.

Judges on this bench

Irfan Saadat Khan1,172 judgments
Naeem Akhtar Afghan380 judgments
Qazi Faez Isa (C.J)94 judgments