ISLAMABAD, Sept 25: The federal cabinet on Wednesday approved the Contempt of Court Ordinance, 2002, which provides power to the Supreme Court and the high courts to punish for their contempt.

The meeting, presided over by President Pervez Musharraf, approved the ordinance which was required to fill the vacuum created by the lapse of the 1998 ordinance on the subject.

The ordinance provides the necessary law as required under Article 204 of the Constitution which provides that the Supreme Court and the high courts will have powers to punish for their contempt.

The draft ordinance classifies contempt into three classes. Firstly, criminal contempt which amounts to obstructing the course of justice, secondly, judicial contempt which amounts to scandalize a court and personalised criticism of a judge, and thirdly, civil contempt which amounts to wilfully flouting or disregarding an order made by a court.

Contempt of court will be punishable with imprisonment which may extend to six months or fine which may extend to Rs100,000 or with both. The following acts will not amount to contempt of court:-

i) The publication of an accurate account of what transpires in a court;

ii) Criticism of the conduct of a judge made in good faith in temperate language when made to the administrative superior of a judge of a subordinate court, or to a provincial government, or to the chief justice of a high court or the Supreme Court or the Supreme Judicial Council;

iii) An academic critique of a judgment including discussion of legal issues of public importance;

iv) Discussion in parliament of any matter of public importance without criticism of the conduct of a judge.

The Supreme Court has held that the injunctions of Islam require that there should be at least one right of appeal in every case. The said right is being extended in respect of orders passed by courts in cases of contempt.

The meeting also approved the State Bank of Pakistan (amendment) ordinance, 2002, which seeks to provide security of tenure to the governor and other members of central board and full autonomy to the central bank in the formulation of monetary, credit and exchange rate policies, expansion of liquidity, holding and management of foreign exchange reserves and determining the extent of government borrowing from commercial banks.

Recognising smoking as a major health hazard, the cabinet also approved prohibition of smoking and protection of non-smokers health ordinance, 2002.

The ordinance prohibits smoking in public places and in public transport, schools, offices and workplaces. Advertising or promoting smoking without conforming to the guidelines has also been prohibited.

A ban has also been placed on sale of cigarettes or smoking substance to a person who is under the age of 18 years.

The ordinance strictly prohibits the sale of cigarettes adjacent to schools, colleges, or other educational institutions. The violation of the ordinance has been made a cognizable offence with violators to be proceeded under the law. The cabinet also approved the protection of breast-feeding and young child nutrition ordinance, 2002.

The meeting approved legislation to regulate transfusion of safe blood and blood products which will ensure safe blood transfusion, screening of donor blood and proper storage of blood. The law provided that anybody violating this ordinance will be punished with imprisonment for a term which may extend up to one year or with fine which may extend to Rs100,000 or both.

The cabinet also approved an amendment to the Women in Distress and Detention Fund Act, 1996, to provide financial and legal assistance to women in distress and detention from the return on investments of the fund. The federal government has provided a non-lapsable grant of Rs25 million to the fund.

The meeting approved a proposal received from a citizen for inclusion of black waistcoat as part of the national dress in addition to the existing sherwani/ achkan. The cabinet also approved the banking companies (amendment) ordinance 2002.

It approved the redevelopment of the G-6 Sector in Islamabad and directed the Capital Development Authority to complete the project in six to eight years.

The president directed that apartments constructed under the redevelopment plan be offered for sale to the present occupants on easy instalments. The redeveloped sector will have modern commercial facilities, green areas, recreational areas and other facilities like schools and dispensaries comparable to any other residential-cum-commercial development projects.