Pakistan’s judges are using their contempt of court powers to muzzle country’s media from airing their independent views critical of the judiciary.
Islamabad, Nov 27/NationalTurk- The New York-based international human rights watchdog Human Rights Watch (HRW) has said Pakistan’s judges are using their contempt of court powers to muzzle country’s media from airing their independent views critical of the judiciary.
Since Pakistan’s independent judiciary was restored to office in 2009, Chief Justice Iftikhar Chaudhry and provincial high courts have repeatedly sought to prevent media criticism of the judiciary through threats of contempt of court proceedings, which can bring prison terms. Since October 2012, the high courts in Islamabad and Lahore have issued orders to stop the broadcast of television programs critical of the judiciary.
“Judges sworn to uphold the rule of law should not be using their broad contempt powers to muzzle criticism by the media. Judges have no special immunity from criticism. Unless they want to be seen as instruments of coercion and censorship, they should immediately revoke these curbs on free expression,” said Brad Adams, Asia director at Human Rights Watch.
It said Pakistani courts have openly issued a spate of orders that seek to limit the media’s free expression rights. “On October 9, Judge Shaukat Aziz Siddiqui of the Islamabad High Court issued a restraining order to the Pakistan Electronic Media Regulatory Authority (PEMRA) to stop airing criticism of the judiciary on television. The court sought to justify its order by asserting that the media ban was to ensure that no programme containing uncommendable, malicious, and wicked material is telecast by any of the channels in which person of the honourable chief justice of Pakistan and other honourable judges of the superior court are criticised, ridiculed, and defamed.”
Journalists told they would be summoned to face contempt charges
Adams said Pakistani journalists have told HRW that major television stations and newspapers were informally advised by judicial authorities that they would be summoned to face contempt of court charges for criticizing or commenting unfavorably on judicial decisions or specific judges.
In 2010 editors and former editors of several publications, including the English-language newspaper Dawn, faced contempt proceedings for publishing a story alleging misuse of office by the Sindh High Court chief justice, which was averted after their papers apologized publicly to the court.
“No branch of government, including the courts, should be immune from public opinion in a democratic society. Pakistan’s judges have demonstrated the independence to hold the government accountable. But their credibility will be lost so long as they fight against scrutiny and accountability of the judiciary itself,” added Adams.
Write your comments and thoughts below
Faiz Ahmad / NationalTurk Pakistan News
[adrotate banner=”57″]
The statement of Human Rights Watch is true and correct. The judiciary considers itself above accountability. The constitutional provision of accountability through SJC has been rendered redundant in view of removal/ reinstatement of judges through the SC hearings he judges should be made accountable to the Parliament as prevalent in the other South Asian countries. The judiciary has also restricted the fundamental right of freedom of speech by arbitrary use of the law of contempt of court which actually has been resurrected through a SC order.