ISLAMABAD, July 10: The president on Thursday promulgated new law dealing with the contempt of court cases, providing that “fair and healthy comment” on decided case would not constitute contempt of court.
The ordinance called Contempt of Court Ordinance 2003, has provided four categories of contempt of court by breaking one all-encompassing definition of contempt of court.
The punishment, and procedure for initiation of such proceedings remained unchanged.
The law has provided that fair and healthy comments on a judgment involving questions of public importance in a case which has been finally decided shall not constitute contempt.
The new law deleted a provision which had provided that if a person convicted by the SC under its original jurisdiction for contempt of court, mere filing of an appeal would mean suspension of the judgment.
The new definitions of contempt of court are as follows: civil contempt, criminal contempt, judicial contempt, and contempt at the face of the court.
The law defines civil contempt as the wilful flouting or disregard of an interim or final judgment or decree by a court in the exercise of its constitutional jurisdiction. It defines criminal contempt as the doing of any act with intent to obstructing the administration of justice while defining judicial contempt as the scandalization of a court and includes personalised criticism of a judge while holding office.
The term personalised criticism means a criticism of a judge or a judgment in which inappropriate motives are imputed.
An person laying false information for initiating contempt proceeding against any individual, would be liable to face proceeding if the information was not correct. Judicial contempt proceedings initiated by judge, or relating to a judge, shall not be heard by the said judge. Such proceedings shall be initiated after one year.
