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P L D 1998 SC 388

Mohtarma BENAZIR BHUTTO AND ANOTHER
V/S
PRESIDENT OF PAKISTAN AND OTHERS

Frame (4)

Per: Sajjad Ali Shah, C.J.

(a) Constitution of Pakistan (1973) Arts. 148 & 149

Object of Arts. 148 & 149 of the Constitution of Pakistan (1973)

Provisions of Article 148 and 149 of the Constitution regulate relationship between the Federation and a Province in a situation in which Federal law is applicable in that Province and a situation has arisen in which it is to be considered as to how the Federal law is to be made applicable so that it should bring about the desired result and be effective so that proper remedial measures are adopted to contain and control the situation in which the Federal Government has to adopt supervisory role and give directions to the Province in which the Federal law is being applied. [p. 461] F

(b) Constitution of Pakistan (1973) Art. 189

Decision of Supreme Court—Binding nature short order of the apex Court, when it is speaking order particularly if the same contains specific directions, is to be acted upon without waiting for detailed reasons. [p. 487] DD

(c) Constitution of Pakistan (1973) Art. 63(1)(g)

Fair comment on the judgment of Supreme Court in Parliament—Extent—Intention of the maker of speech in the Parliament can be gathered from the tenor of the speech and also from the subsequent conduct.

No doubt in the Parliament fair comment can be made on the judgment of the apex Court but that comment is to be made in good faith with bona fide intention and is to be made in the language which is temperate and manner which is befitting to the member of the Parliament. Article 63(1)(g) envisages that a person shall be disqualified from being elected or chosen as member of the Parliament if he is propagating any opinion which is prejudicial to the integrity or independence of the Judiciary of Pakistan or which defames or brings into ridicule the Judiciary or Armed forces of Pakistan. Of course intention of the maker can be gathered from the tenor of the speech and also from the subsequent conduct. [p. 487] EE

Fact—

—Proof—Newspaper cutting—Facts given in newspapers having not been denied, would be considered as undisputed facts. [p. 492] FF

Per: Saleem Akhtar, J.

(d) Constitution of Pakistan (1973) Art. 63

Ridiculing the Judiciary or judgment of Court—Effect.

To ridicule the Judiciary in any manner exhibits the greatest disrespect to an Institution which is a pillar in the State management and is a constitutional organ with powers conferred on it particularly to preserve, protect and defend the Constitution. It also interprets the Constitution ad the law and can declare a law void and actions taken by the Executive and in certain cases by the Legislature to be without jurisdiction and of no legal effect. [p. 613]

All the institutions of the State, be it Legislature, Executive or the Judiciary, deserve full respect and cannot be ridiculed publicly or privately. [p 613] W

A judgment cannot be publicly ridiculed nor can anybody under the garb of fair comment criticise a judgment to degrade the judiciary and the Judges in the eye of public. Any person ridiculing the judgment, or Judiciary making disparaging remarks about the Judges and their conduct in Court could be hauled up for contempt of Court. However, the elected representatives of the Houses have more burden to share because under the Constitution Article 63 clearly provides that any person, if he propagates any opinion or acts in any manner prejudicial to the integrity or independence of the Judiciary of Pakistan, shall be disqualified from being elected, chosen as and from being a member of the Majlis-e-Shoora (Parliament). Any person who has ridiculed the Judiciary would be disqualified even from seeking election to any of the Houses or being a member of a House. [p 613] X

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