SC Accepts Vawda and Kamal’s Apologies for Contemptuous Media Remarks but Warns Against ‘Further Transgressions'
On Friday, the Supreme Court accepted apologies from lawmakers Faisal Vawda and Mustafa Kamal for their disparaging remarks against the judiciary but issued a warning against any “further transgression.”
The court also reissued show-cause notices to 34 media channels, including 26 whose explanations were deemed “not justifiable” by Chief Justice of Pakistan (CJP) Qazi Faez Isa.
This development occurred as a three-member bench, headed by CJP Isa and including Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan, resumed 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 member of the Muttahida Qaumi Movement-Pakistan (MQM-P), for making “malicious” allegations against the judiciary and judges.
Earlier this month, the SC had also issued show-cause notices to 34 television channels, demanding they 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 initially sought withdrawal of the contempt charges, explaining he never intended to discredit the judiciary.
However, on Wednesday, Vawda also tendered an unconditional apology, expressing deep regret for any harm caused by his May 18 press conference.
Today, both Vawda and Kamal appeared before the SC as the bench resumed the proceedings.
Barrister Farogh Naseem represented Kamal, while Advocate Faisal Siddiqui represented 26 television channels that had responded to the court.
During the hearing, CJP Isa confirmed with Vawda that he had apologized, to which Vawda affirmed.
Dictating the order, Justice Isa noted that both parliamentarians had “realized that their words were inappropriate, withdrawn them, and tendered an unconditional apology to this court.”
Withdrawing the show-cause notices against them, the top judge emphasized: “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 acceptable to this court.”
The chief justice then addressed the notices issued to the TV channels, noting that Siddiqui represented 26 of the 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 have been submitted under the signatures of counsels Siddiqui and Usman Mirza.”
“We cannot consider these as replies submitted by the said channels. Nonetheless, we have considered their contents, and the said replies, which are almost identical in nature, have claimed 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 the “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 conceded 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 said by another; (b) 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 that have submitted 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.