Police officers walk past Pakistan’s Supreme Court building, in Islamabad, Pakistan, April 6, 2022. REUTERS
ISLAMABAD:
The Supreme Court has ruled that a charge against alleged contempt cannot be brought without first granting a preliminary hearing in contempt cases.
In a three-page judgment written by Justice Muhammad Ali Mazahar while trying a contempt matter, the court observed that a reading of the relevant section of the Contempt of Court Ordinance, 2003 clearly shows that before taking cognizance or fixing a date for framing of a charge, the alleged contempt offender must be given an opportunity for a preliminary hearing.
He added that once a prima facie case has been established, the court may set a date to frame the charges in open court and proceed to decide the matter.
A three-judge bench headed by Justice Muhammad Ali Mazahar heard the matter.
The case belongs to a person who allegedly violated the order dated September 3, 2024 passed by the Sindh High Court (SHC) in its original jurisdiction.
The plaintiff, who is the defendant in this criminal appeal, filed an application for contempt of court under section 204 and sections 3 and 4 of the Contempt of Court Ordinance 2003.
After notification, a counter-affidavit was filed. The SHC Single Judge observed that Section 17(3) of the Ordinance requires a date to be fixed for framing of charges and accordingly fixed December 11, 2024 for framing of charges, after notifying the Advocate General Sindh of his appearance to attend the court.
Aggrieved, the petitioner challenged the order through an intrajudicial appeal, which was resolved on November 19, 2024, ordering the parties to appear before the single judge to continue with the process.
However, the SC noted that in this case, the single judge, prima facie, without providing an opportunity for a preliminary hearing, directly fixed a date for framing of charges.
“In our opinion, there are some glaring flaws on record and this crucial issue has also been overlooked by the division bench while disposing of the High Court appeal,” the order said.
The court set aside both orders of the high court to the extent of contempt proceedings.
So far as the contempt application is concerned, it will remain pending and if the court wishes to initiate contempt proceedings, then after providing opportunity for preliminary hearing based on the contempt application and the counter affidavit filed for the alleged contempt, it may decide whether there is a prima facie case of contempt to proceed in accordance with law.
The appeal is admitted in the previous terms, the order says.
