FAKHRE ALAM YOUSAF LODHI vs THE STATE AND ANOTHER THE STATE THE STATE AND Other
This matter concerns criminal appeals and petitions arising from contempt proceedings initiated by the Peshawar High Court regarding an article titled "Imagine" published in the weekly newspaper 'Frontier Guardian'. The High Court convicted Yousaf Lodhi, the author, editor, printer, and publisher, sentencing him to six months imprisonment and a fine. Additionally, the High Court directed the Provincial Government to initiate proceedings against Lodhi for alleged violations of the West Pakistan Press and Publications Ordinance, 1963, specifically regarding his academic qualifications. Simultaneously, the High Court made adverse observations against the then Advocate-General of N.W.F.P., Sardar Fakhre Alam, criticizing his conduct and hesitancy during the examination of the Chief Secretary. Fakhre Alam subsequently filed an appeal seeking the expunction of these disparaging remarks. The Supreme Court addressed the validity of the contempt conviction and the propriety of the adverse judicial observations made against the Advocate-General. The judgment highlights the necessity for judicial restraint and the requirement that judicial observations concerning the conduct of legal officers must be strictly relevant to the proceedings and supported by the record, rather than based on personal perceptions of embarrassment.
- Can adverse judicial observations against a law officer be expunged if they are not supported by the record?
- Does the publication of an article in a newspaper constitute contempt of court if it scandalizes the court?
- Is the High Court empowered to direct the government to initiate proceedings under the West Pakistan Press and Publications Ordinance, 1963?
- Section 33, West Pakistan Press and Publications Ordinance 1963
- Section 57, West Pakistan Press and Publications Ordinance 1963
- Section 12, West Pakistan Press and Publications Ordinance 1963
1. ANWARUL HAQ, J. -This judgment will dispose of Criminal Appeals Nos. 18 and 19 of 1973, as well as Criminal Petitions for Special Leave to Appeal bearing Nos. 18-P and 19-P of 1973, which have all arisen out of contempt proceedings taken by the Peshawar High Court in respect of an article captioned "Imagine", which appeared in the weekly newspaper 'Frontier Guardian' of the 14th of October 1972, published at Peshawar.
2. By its judgment dated the 9th of March 1973, a Full Bench of the High Court, presided over by the learned Chief Justice, convicted Yousaf Lodhi (appellant in Criminal Appeal No. 19/73), as the ostensible author of the offending article, and also being the Editor, Printer and Publisher of the 'Frontier Guardian' and sentenced him to undergo simple imprisonment for six months and to pay a fine in the sum of Rs. 2,000 or in default to undergo further simple imprisonment for a period of one month. The Bench also directed that a copy of the judgment be sent to the Provincial Government for instituting proceedings against. YousafLodhi for contravention of the provisions of sections 33 and 57 of the West Pakistan Press and Publications Ordinance, 1963, and for obtaining the declaration for his paper 'Frontier Guardian' on the basis of a false report as regards his academic qualifications as required by section 12 of the Ordinance.
3. By the same judgment, the High Court adversely commented upon the conduct of the then Advocate-General of the N. W. F. P., namely, Sardar Fakhre Alam, observing that he "felt distinctly embarrassed and his entire conduct exuded hesitancy and unwillingness" when he was called upon to examine in Court the Chief Secretary of the Province, namely, Mr. Ejaz Ahmad Naik. The judgment adds that: "It is indeed painful that in the performance of his duties, as the senior law officer of the Provincial Government, the learned and Advocate. General should have allowed his personal feelings to take the better of him and thereby add to the embarrass--ment of vie Court."
4. Criminal Appeal No. 18 of 1973 has been preferred by Mr. Fakhre Alam, who has since ceased to hold the office of Advocate-General, for the expunction of these and other observations appearing against him in the judgment.
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