SC accepts Vawda, Kamal’s apologies for contemptuous media talks but warns against ‘further transgression’
The Supreme Court on Friday accepted the apologies tendered by lawmakers Faisal Vawda and Mustafa Kamal for their tirades against the judiciary but also warned them against “further transgression”.
It also again issued show-cause notices to 34 media channels, including 26 whose explanations Chief Justice of Pakistan (CJP) Qazi Faez Isa said were “not justifiable”.
The development came as a three-member bench — headed by CJP Isa and including Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan — resumed hearing the contempt case against the lawmakers.
On May 17, a three-judge SC bench had issued contempt notices to independent Senator Vawda and Kamal, a Muttahida Qaumi-Movement— Pakistan (MQM-P), for several “malicious” allegations against the judiciary and the judges.
Earlier this month, the SC had also issued show cause notices to 34 television channels, asking them to explain why contempt proceedings should not be initiated against them for airing the lawmakers’ remarks.
On June 4, Kamal submitted an unconditional and unqualified apology while Vawda had simply sought withdrawal of the contempt charges, explaining he never intended to bring the judiciary into disrepute.
However, on Wednesday, Vawda also tendered an unconditional apology before the apex court, stating that he deeply regretted any harm that may have been caused by his May 18 press conference.
Today, Vawda and Kamal both appeared before the SC as the bench resumed the case proceedings.
Barrister Farogh Naseem appeared as Kamal’s counsel while Advocate Faisal Siddiqui was present on behalf of 26 television channels who had submitted a response in the court.
During the hearing, CJP Isa asked Vawda if he had tendered an apology, to which he replied in the affirmative.
Dictating today’s order, Justice Isa observed that both parliamentarians had “realised that the words that they used were inappropriate, have withdrawn the same and tendered [an] unconditional apology to this court”.
Withdrawing the show-cause notices against them, the top judge emphasised: “We however expect that they will stand by their statements submitted in court because if there is further transgression, a simple apology may not be then acceptable to this court.”
The chief justice then recalled the notices issued to the TV channels, noting that Siddiqui said he represented 26 of those 34 channels.
Referring to a “preliminary reply” submitted by them, CJP Isa observed: “These documents are not signed by any representatives of the said TV channels but they have been submitted under the signatures” of counsels Siddiqui and Usman Mirza.
“We cannot consider the same as replies submitted by the said channels. Nonetheless, we have considered the contents of the same and the said replies, which are almost identical in nature, have referred to that they can only be proceeded against if mal-intention is shown,” Justice Isa remarked.
He further noted that the channels’ reply asserted that they had broadcast the conferences live in “public interest and as it was their duty and right” under Article 19A (right to information) of the Constitution.
The top judge said this was “despite the fact that during the hearing, Siddiqui did concede that the contents of one of the press conferences did prima facie constitute contempt”.
“The defences taken are: (a) a TV channel is not responsible for whatever it broadcasts if the same has been said by another; (b) that to constitute contempt there must be mal-intent; (c) it is their right and duty to do so,” the chief justice observed.
“The explanation is prima facie not justifiable. Accordingly, we are now constrained to issue show-cause notices to all the said channels who have submitted the replies. Since the remaining channels have not submitted any reply, we are also issuing contempt notices to them as to why they should not be proceeded against for contempt of court,” Justice Isa stated.
More to follow