Case Update Status

The Supreme Court on Thursday disposed of contempt proceedings against 34 television channels by accepting their unqualified apologies after the media outlets committed to broadcasting their regrets on prime time.

Summary of Case

On May 18, the Supreme Court of Pakistan issued a written order restraining all media outlets from airing or publishing material that could be considered contemptuous of the court. This decision came in response to press conferences held by Senator Faisal Vawda and Member of National Assembly Mustafa Kamal, where they allegedly made “malicious and serious allegations against the judiciary” and commented on sub-judice cases. In its ruling, the Supreme Court highlighted that Senator Vawda conducted a press conference on May 15 at the National Press Club, which received live coverage on various TV channels. Moreover, the event was streamed online and shared across social media platforms. The bench noted that excerpts from his speech were also featured in several newspapers. Similarly, the following day, MNA Kamal held a comparable press conference at the same location, which was likewise broadcast live by multiple TV networks. The court issued show-cause notices to both politicians, giving them two weeks to explain their statements. They are also required to appear before the court on June 5. The court’s order warned that any media outlet found to be broadcasting or publishing contemptuous material could also be held in contempt of court. The Pakistan Electronic Media Regulatory Authority (PEMRA) has been directed to submit recordings and transcripts of the press conferences in question. The court’s order said that Article 19 of the Constitution grants every citizen the right of speech, but it also places restrictions with regard to the contempt of court. It further said that Article 204 of the Constitution defines the contempt of court. The matter is also attended by the Contempt of Court Ordinance, 2003, it added. Supreme Court Order: 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. 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. 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) (b) (c) (d) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court; scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt; does anything which tends to prejudice the determination of a matter pending before the Court; or 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. 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.

Category of Incident

Censorship

ICCS Status

ICCS Divisions: 0803-Acts related to freedom of expression or control of expression

ICCS Group: 08039-Other acts related to freedom of expression or control of expression

ICCS Class: -

ICCS Crime: Acts related to freedom of expression or control of expression

Reported By

Dawn

Date of incident

18

Month

May

Year

2024

Name of affected person

Senator Faisal Vawda

Other affected persons

MNA, Mustafa Kamal

Name of affected organization

34 News Channels

Other affected organizations

-

Action by

Supreme court of Pakistan

City

Islamabad

Province

Capital Territory

Designation

N/A

Professional category

N/A

Age of victim

N/A

Marital Status

Compensation Details

Amount of compensation announced by government: N/A

Date of compensation announcement by government: N/A

Date of compensation paid by government: N/A

Amount of compensation announced by others: N/A

Date of compensation announced by others: N/A

Date compensation paid by others: N/A

FIR Details

Was FIR registered ?: No

Court Details

Was case investigated ?: Yes

Court where case was presented: Supreme court

Name of prosecuting lawyer: It was a Sou moto

Date of first court hearing:

Date of last court hearing:

Status of court case: The Supreme Court on Thursday disposed of contempt proceedings against 34 television channels by accepting their unqualified apologies after the media outlets committed to broadcasting their regrets on prime time.

Journalist Union Status

PFUJ

Not condemned

APNS

Not condemned

CPNE

Not condemned

PBA

Not condemned

Media Source Status

Media reports:

Condemn Status

Colleague of victim

N/A

Employer organization

N/A

Press Club Status

Press club 1: No version was required

Press club 2: No version was required

Press club 3: No version was required