The Supreme Court has barred all television channels and broadcasting mediums from airing contemptuous material. It issued show cause notices to Senator Faisal Vawda and MNA Mustafa Kamal for speaking about subjudice cases and the judiciary.
A three-page written order issued by a three-judge bench of the Supreme Court on Saturday said that television channels and broadcasting mediums may face contempt proceedings if they run/air contemptuous material; therefore, they should desist from doing so.
"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," read the order issued by the bench comprising Chief Justice of Pakistan Qazi Faez Isa, Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.
The order had been issued in the contempt case against independent Senator Faisal Vawda and Mutahidda Qaumi Movement-Pakistan (MQM-P) MNA Mustafa Kamal.
The top court has directed the Pakistan Electronic Media Regulatory Authority (PEMRA) to submit recordings of the two lawmakers' press conferences together with their transcripts, complete with the question-and-answer sessions at the end of the press conferences.
The top court has also issued a notice to the Attorney General for Pakistan (AGP), under rule 7(2) of Order XXVII of the Supreme Court Rules, 1980, who shall conduct the proceedings.
"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," the top court observed while granting him an opportunity to submit his explanation/reply within two weeks of the receipt of the show cause notice.
The top court further directed Vawda to appear in-person at next hearing of the case, set for June 5.
"Show cause notice to him be sent at his residential address and also to the Secretariat of the Senate of Pakistan."
The court also issued a show cause notice to Mustafa Kamal.
"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," the top court observed while also granting him 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."
In its order, the top court observed that Article 19 of the Constitution grants every citizen the right to freedom of speech and expression but "places restrictions, amongst others, with regard to contempt of Court".
On May 15, 2024, Senator Faisal Vawda held a press conference at the National Press Club in Islamabad, which was broadcast live on several television channels. The conference was also streamed on the internet and social media forums, and extracts from his talk were published in different newspapers. During the press conference, he levelled several malicious and serious allegations against the judiciary, commented on the judges of the superior courts, and spoke about subjudice cases, including those before the Supreme Court.
After the top court took notice of Vawda's press conference, MNA Mustafa Kamal conducted a similar press conference on May 16 at the National Press Club. This presser was also broadcast live on several television channels, streamed on the internet and social media forums, and extracts from his talk were published in different newspapers.
In Kamal's press conference, he levelled several malicious and serious allegations against the judiciary, passed remarks about the judges of the superior courts, and spoke about cases still pending adjudication, including those before the Supreme Court.
Should the two lawmakers fail to satisfy the court, they could be convicted and possibly lose their parliamentary seats for disqualification.