P L D 2007 Lahore 440 (PLP)

2-2-2007 SYED ZAHID HUSSAIN, J.

In view of a note of the Deputy Registrar (Judicial) of this Court prepared by him on the basis of a programme "Gumnam", which was telecast by GEO T.V. on 12-1-2007, giving an impression that the Court/Court officials were involved in malpractice, corruption etc. the Registrar of the Court proposed that the matter may be taken up for consideration on the judicial side. The matter was thus put up before the Hon'ble Chief Justice, who was thereafter pleased to direct the Registrar to register a criminal original petition against the respondents. This petition has thus been placed before this Bench. The learned Additional Advocate-General Punjab contends that Messrs GEO T.V. had fabricated and manipulated the programme in order to malign 'this Court and to bring it in disrepute in the eyes of public and also an attempt has been made to tarnish the image of the Institution of judiciary as a whole, which according to him prima facie call for initiation of proceedings against the respondents in respect of contempt of Court. It has further been argued by him that the main focus and thrust in the programme in issue was upon obtaining post-arrest bail for an accused person on the basis of false and fabricated evidence pertaining to ailment of the accused person but as a matter of fact the said accused person had never been admitted to bail by this Court on the basis of his medical condition nor any such ground had been urged in support of his application for bail. According to him no medical certificate issued by any hospital or doctor had been appended with his application for bail nor any such material was produced before the Court at the time of hearing of his application for bail. It has thus been maintained by him that such fabrication of evidence and basing of the entire programme on the same amounts to a wilful attempt on the part of the respondents to scandalize the Court and to lower its esteem in the eyes of the public at large. Notice for 16-2-2007, when all the respondents shall appear before this Court in person. (Sd.) (Sd.) Asif Saeed Khan Khosa, J Syed Zahid Hussain, J (Sd.) M.A. Shahid Siddiqui, J (Sd.) Syed Shabbar Raza Rizvi, J (Sd). Syed Sajjad Hussain Shah, J Note: On subsequent dates i.e. 16-2-2007 and 26-2-2007 some miscellaneous proceedings were conducted and effective orders passed by the learned Bench were as follows: 12-3-2007 Muhammad Hanif Khatana, Additional Advocate-General, Punjab. Muhammad Ali Mazhar, Advocate with Nasir Baig Chughati/respondent No.4, Ismail Jilani/respondent No.5, and Haider Jiniah/respondent No.6 in person. Mir Ibrahim ur Rehman/respondent No.3 in person. Shafiq Awan/respondent No.7 in person. Ghulam Mustafa Shahzad, Advocate with Mohsin Irfan/respondent No.8 in person. Faisal Manzoor/respondent No.9 in person. SYED ZAHID HUSSAIN, J.

On 2-2-2007 notice for proceedings of contempt was issued to M/s GEO T.V. and others in response to which all the respondents appeared in person on 16-2-2007 along with their learned counsel and the matter was adjourned to 26-2-2007 for their response. On that date no response was filed, the reason stated was that copies of the material on the basis of which action was initiated had not been supplied. The Registrar was thus directed to supply copies of the material and matter was adjourned to 9-3-2007. On the adjourned date respondents Nos. Nos. 1 to 6 tendered an unconditional apology, the relevant portion of which is reproduced below:-- "That the answering respondents deeply regret the error and apologize for it. They also undertake to ensure that no such errors are made in the future and to clarify and correct this error on air, if so desired by the Honourable High Court. All the respondents belonging to GEO TV reiterate that they hold this Honourable Court in the highest esteem and once against assure this Honourable Court that they never intended or meant to lower the esteem of this Honourable Court in any manner. The answering respondents tender unconditional apology and it is prayed that the notices may kindly be discharged." Mir Shakil-ur-Rehman respondent No.2 appearing in person also affirmed the contents of the unconditional apology. He undertook to show the apology on the channel and to publish the same in the Daily "The News" and Daily "fang" repeatedly every day till today. The order passed on the said date was as follows:-- "An unconditional apology has been filed today in Court by Mr. Aitzaz Ahsan, Advocate on behalf of respondents Nos. 1 to

3. An unconditional apology has also been filed by respondents Nos. 4 to 6 through Mr. Muhammad Ali Mazhar, Advocate whereas separate replies from respondents Nos. 7, 8 and 9 have also been filed through their learned counsel in advance. In furtherance of the written apology Mir Shakil-ur-Rehman, Chairman GEO TV/respondent No.2 who is present in Court, has stated in open Court that the information relating to the Court as shown in the programme "Gumnam" aired on 12-1-2007 was incorrect. Though the facts could have been verified by the channel before airing the programme yet regrettably no such verification was. done for which he apologizes. He further states that the channel never intended to cast any aspersion on the Court and if at all any such impression has been created the same is sincerely regretted. In order to demonstrate the bona fide and sincerity of what has been written and stated in the Court let the respondent channel repeatedly show regret/apology daily at appropriate timings till the nex date in this matter. The respondent shall also publish a c similar regret/apology in the daily "Jang" and daily "The News" on their front pages at some prominent spaces daily till the next date of hearing. To come up on 12-3-2007. " Today it has been stated by the learned counsel for respondents Nos. 1 to 6 that the said order of the Court has been complied with inasmuch as the apology has been shown on `GEO' and `AAG' channels 20 times and has also been published in the Daily "The News" and Daily "Jang". In the context of the above, we have satisfied ourselves that an unconditional apology has been tendered by respondents Nos. 1 to 6 at the very initial stage of the proceedings and their ' sincerity stands demonstrated through their conduct by complying with the order of the Court dated 9-3-2007. We expect that they will remain conscious of their high responsibility as media men in future. So far as respondents Nos.7 to 9 are concerned, as respondents Nos. 1 to 6 have tendered unconditional apology, which we are inclined to accept therefore, further action against the .other respondents has been found by us in the circumstances to be unnecessary and uncalled for. In view of the above, the present contempt proceedings are, disposed of by discharging notices issued to the respondents. M.B.A./R-9/L Notices discharged.