2011 SCMR 948 (PLP)

TARIQ PARVEZ, J.

This Criminal Original Petition has been filed by Mr. Riaz Hanif Rahi, Advocate who has appeared before us in person and stated that because of a news item published in the Daily 'Express' dated 16-1-2010, he is of the view that respondent No.1 (Saeed-uz-Zaman Siddiqui, Former, Chief Justice of Pakistan) has committed the contempt of this Court, therefore, he has prayed that notice be issued to respondent Nos. 1 to 5 as to why proceeding for committing contempt against them be not taken. Petitioner argued that statement as attributed to respondent No.1 and as published in the newspaper showing that the judiciary which has taken Oath under the PCO of General Parvez Musharraf in the year 2000 and judiciary which took Oath under the second PCO of the year 2007 are morally at par, as there is no distinction between the two sets of judiciary. Such statement is derogatory and to malign the judiciary.

2. He further argued that respondent No.1 has stated that Mr. Justice Rana Bhagwandas (former Judge of this Court) has not signed seven Member Bench Order of this Court on 3rd of November but on 5th of November 2007, thus he has doubted the legality of seven Member Bench Order dated 3rd November, 2007 which is an aspersion in respect of matter which is subjudice before this Court i.e. contempt proceedings initiated against judges who took Oath under the PCO of 2007 despite the restraining order by seven Member Bench of this Court and have neither tendered apology nor resigned. He submits that by making such statement an attempt has been made to disturb the working of this Court and to disturb the whole judicial system with object to influence the independence of judiciary. He further argued that by such statement made by respondent No.1, he has created the impression of disrespect and lowering the authority of the Court.

3. We have gone through the press-clipping which was read out by the applicant. It appears that the press report published in the Daily 'Express' is in fact some extract of interview which was to be telecast at 10-05 p.m. on 16-1-2010. 4. `Talk shows' which are shown/displayed on electronic-media on different television channels are conducted on different subjects/topics/ issues where public interest is involved. They are conducted by an Anchor Person and are in form of question and answer. Where neither I the question is before us nor the entire answer, no opinion can be formed as to what was the exact context in which replies were given.

5. Otherwise, to make fair comment about a Judge or a Judgment is the right of every citizen as long as the object of making comment is with bona tide intention. Fair comments by an individual are based on his view point which cannot be made cognizable under any law. Where an opinion is not derogatory to judiciary and view point does not ridicule the judiciary, all fair continents are rather healthy sign by public deposing trust and owning its judicial system.

6. By making the statement, (if at all made) that the first judiciary and the second judiciary during the regime of General Parvez Musharraf was at par with each other is again an impression and opinion of a person, which in no manner has lowered down or show disrespect to the judiciary.

7. For what has been stated above, we see no force in the instant Criminal Original Petition, the same is dismissed accordingly. N.H.Q./R-9/SC Petition dismissed.