THADHO MAL vs CHANDARBAN and 3 others
This matter arises from a petition challenging an order granting bail, wherein the impugned order contained unwarranted adverse comments made in an insolent manner against the Supreme Court and its judges. The core legal question concerns whether the making of such remarks amounts to contempt of court under the Constitution and relevant statutory provisions. The court held that the offending remarks constitute contempt by ridiculing and scandalizing the court and its judges. Consequently, the court adjourned the main hearing, ordered a notice to be issued to the author of the impugned order to show cause why contempt action should not be taken, and suspended the operation and publication of the offending portions of the order. The key principle laid down is that making insolent and scandalous remarks against superior courts in judicial orders attracts contempt proceedings under Article 204 of the Constitution.
- Does making unwarranted adverse comments in a bail order amounting to ridiculing the Supreme Court constitute contempt of court?
- Can the Supreme Court suspend the operation and publication of offending portions of an impugned judicial order?
- Whether notice can be issued to a judge of the Federal Shariat Court to show cause for contempt of court based on remarks made in an order?
- Article 204, Constitution of Pakistan 1973
- Section 3, Contempt of Court Act 1976
- Section 4, Contempt of Court Act 1976
ORDER
1. Hearing of the main petition is adjourned to a date in office. Let notice be issued to Mr. Justice Shafi Muhammadi, working at present as Judge of the Federal Shariat Court, to appear in this Court in person on the next date of hearing to show cause why action should, not be taken against him for contempt of the Court as contemplated under Article 204 of the Constitution read with sections 3 and 4 of the Contempt of Court Act, 1976 for making unwarranted adverse comments in an insolent manner in his order granting bail challenged in this petition which amounts to ridiculing and scandalizing this Court and its Judges.
2. This Court has already suspended operation of offending portions in the impugned order from paragraphs Nos.2 to 13. It is further directed that the offending portions shall not be published in any law journal, newspaper, magazine etc. Adjourned to a date during vacation subject to availability of Bench.