MAZHAR ALAM KHAN MIANKHEL, C.J.- The written report of the Principal Staff Officer (PSO) of this Court qua a Press Conference held by Ali Amin Khan Gandapur , Provincial Minister for Revenue & Estate, Government of Khyber Pakhtunkhwa on 23.04.2016 at Dera Ismail Khan, leveling serious contemptuous allegations against the Chief Justice of this Court about his alleged interference in the contracts and works of developmental projects of District D.I.Khan by favouring his relative contractor , set this Court into motion to initiate these contempt proceedings against the contemnor minister and the press and electronic media who aired/broadcasted and published the speech/ conference of the Minister .
2. Contemnor Ali Amin Gandapur was served with a notice dated 25.4.2016, by the Registrar of this Court to produce proof in support of his allegations or to face contempt proceedings under Article 204 of the Constitution of Islamic Republic of Pakistan read with the provisions of Contempt of Court Ordinance, 2003 and other relevant laws, in case of his failure. Similarly , notices were also given to the Chairman PEMRA and Executive of AVT Channels for broadcasting the aforesaid conference.
3. Contemnor minister submitted written reply to the notice wherein he apologized in the following way: "Kindly note that, I had not leveled any allegations against the Chief Justice. I only mentioned Mr. Shoeb Miankhel, a contractor of civil works who is misusing the name of Chief Justice for unduly pressuring government officials. The said Shoeb Miankhel is contractor for different roads in D.I.Khan. What I mentioned before the press, was that all this was creating bad taste and damaging the prestige of the honourable Chief Justice and never said that he was doing all this on the behest of the honourable Chief Justice.
I have great respect for the judiciary and can never even imagine to throw aspersions on it. ... Yet if the incorrect reporting of the overzealous local press has created any such impression, I wholeheartedly regret it and offer my unconditional apology for this incident and assure of my full respect and esteem for the person and post of the honourable Chief Justice"
He although offered unconditional apology for this incident but the matter being of a serious nature, the record of contracts in D.I.Khan was requisitioned from the Chief Engineer C&W, perusal of which revealed that it contained no illegality in awarding of the contracts or any favouritism at the behest of any person, rather it was stated in the report submitted by the Chief Engineer C&W that the physical progress of the scheme is 59.9% against the financial progress of 54.6% meaning that some of the liability of the contractor is still to be cleared on availability of funds.
4. In view of the above position, the learned Advocate-General was of the opinion that contempt proceedings should be continued further against the contemnor but the contemn or in the meanwhile filed C.M.
No.54-P/2016 wherein he squarely placed himself at the mercy of the Court and requested for acceptance of his unconditional apology .
5. Chief Executive Khyber News (AVT Channels), also tendered uncon ditional apology in the following words:- "The Khyber News (AVT Channels) have great respect for courts and judges and can never even imagine to calumniate the judiciary or to scandalize the judges. The Khyber News (AVT Channels) have telecast the press conference of Provincial Minister Ali Amin Gandapur on 23.04.2016, not with the intention to derogate the Honourable Chief Justice, Peshawar High Court and the portion of the press conference, in which the talk about the honourable Chief justice was uttere d and was telecast due to complete misunderstanding by the news controlling personnel on duty on that particular day and time.
That the Chief Executive Officer of Khyber News (AVT Channels) immediately took disciplinary action against the concerned and has suspended/ terminated them from their service.
That the Chief Executive Officer Khyber News (AVT Channels) placed himself at the mercy of this honourable court with humble request to accept the unconditional apology and further ensures the honourable court that they will be careful in future not to telecast such like matters.
It is therefore, humbly prayed that pardon may please be granted to the Chief Executive Officer Khyber News (AVT Channels)".
6. In reply to notice of this Court, the Chairman PEMRA informed this Court that a serious notice has been taken in the matter , as consequence whereof, show cause and warning notices have been given to satellite TV Channels licensees who broadcasted aspersions against the judiciary . Mr. Himayat Shah present in the Court today on behalf of PEMRA apprised the Court that a fine of Rs.6,00,000/- has been imposed on the AVT Channels for their contemptuous action.
7. Section 3 Contempt of Court Ordinance, 2003, defines contempt of Court as follow:- "Whoever disobeys or disregards any order, direction or process of a Court, which he is legally bound to obey; or commits a willful breach of a valid undert aking given to a Court; or does anything which is intended to or tends to bring the authority of a Court or the administration of law into disrespect or disreput e, or to interfere with or obstruct or interrupt or prejudice the process of law or the due course of any judicial proceedings, or to lower the authority or a (sic) or scandalized a judge in relation to his office, or to disturb the order or decorum or a Court is said to commit "contempt of Court" The Contempt is of three type, namely , the "civil contempt" "criminal contempt" and "Judicial contempt".
Section 2 of the Ordinance 2003, further defines the three types of contempt as under:-
(a) "Civil contempt" means the willful flouting or disregard of
(i) an order , whether interim or final, a judgment or decree of a Court;
(ii) a writ or order issued by a Court in the exercise of its constitutional jurisdiction;
(iii) an undertaking given to, and recorded by a Court;
(iv) the process of a Court.
(b) "Criminal Contempt" means the doing of any act with intent to, or having the effect of, obstructing the administration of justice;
(c) "Judicial contempt" means the scandalization of a Court and includes personalized criticism of a Judge while holding of office; In view of the above, Contempt of Court Ordinance, 2003,divides the contempt of Court into above three classes, the last being relevant to the present case is defined in section 2 (b) of the Ordinance, 2003, as "the scandalization of the Court and includes personalized criticism of a Judge while holding office". Sub-section 2 of Section 5 of the Ordinance 2003, however , provides that a person accused of having committed contempt of Court may, at any stage, submit an apology and the Court, if satisfied that it is bona fide, may discharge him or remit his sentence.
What is more important in the circumstances of apology is the satisfaction of the Court about the bona fide of the tendered apology . In these contempt proceedings the Contemnors minister and the electronic media have tendered unqualified apology repeatedly from the day first they were served with notices and have surrendered themselves before the Court. It appears from their replies that they have realized their unlawful acts, for which they have tendered their apology and their repentance and regret/ apologies seem to be bona fide and sincere, therefore, it would be in the fitness of things to extend pardon to them by accepting their uncond itional apology because in such like situation the Courts used to show leniency and grace in accepting the apology . This Court is conscious of the fact that submission of mere apology cannot wipe off gravity of contempt, but the fact of tendering unconditional apology is always important and reduced the gravity of offence. The fundamental principles for acceptance of an unconditional apology has been laid down by the Hon'ble Apex Court in Suo Motu case NO.1 of 2007 (PLD 2007 Supreme Court 688) in the following words:- a) The apology must be tendered at the earliest stage of the contempt proceeding s and may not be postponed till fag-end of the proceedings. b) The apology must be unqualified, unreserved and totally unconditional; c) The apology should not seem to be tendered but should also demonstrate sincere and genuine remorse to the satisfaction of the Court. At any event, a half hearted or an apology in the nature of mere formality cannot be deemed as unconditional; and d) The contemner should not endeavour to justify his conduct.
In the judgment (supra) the Hon'ble apex Court has also discussed the effect of tendering unconditional apology at the first opportunity in the following words:- "When a contemner tenders unconditional apology at the first opportunity and the Court is satisfied that his regrets and repentance are sincere, he shall ordinarily not to be punished, however , this is not a rule to be invariably followed in all cases and much would depend upon the circumstances of each case".
8. In this view of the matter, deriving guidance from the judgment of the apex Court, since this Court is satisfied from the unconditional and unqualified apology of the contemnor tendered at the first opportunity, therefore, by accepting the same, they are warned to remain careful and to act prudently in future with further direction to the press and electronic Media AVT News Channel as well as the PEMRA authorities, who failed to restrict the derogatory conference while airing and publishing the same, not to cross their limits under the garb of freedom of speech. They should exercise such a fundamental right within the ambit of Pakistani ethos and values.
Emancipation from the bondage of the soil is no freedom for the tree.
9. So, what has been discussed above, this Court while accepting their unconditional apology , hereby withdraws the show cause notice of contempt of Court.
Announced 21.11.2016 CHIEF JUSTICE any misstatement is made or fraud is again committed by her before the Courts. Copy of this judgment be also placed on her personal file with the President Bar Council and she should also tender apology to the learned Trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.