IJAZ UL AHSAN, J.---This order shall dispose of contempt proceedings initiated against Muhammad Nehal Hashmi (the contemnor) pursuant to an order dated 07.03.2018 passed by this Court in Intra Court Appeal No.1 of 2018 in Criminal Original Petition No.154 of 2017. The proceedings were started on account of certain statements made by the contemnor which contained abusive language about the Honourable Judges of this Court. These were telecast on the Electronic Media circulated on Social Media and were also reported in various Newspapers.
2. Muhammad Nehal Hashmi/the contemnor is a repeat offender having been convicted and sentenced by this Court for acting in a manner prejudicial to the integrity and independence of judiciary of Pakistan and for defaming and bringing it into ridicule, vide judgment dated 01.02.2018.
He was convicted for the offence under Section 3 of the Contempt of Court Ordinance, 2003 (Ordinance No.V of 2003) read with Article 204(2) of the Constitution of the Islamic Republic of Pakistan, 1973. He was sentenced under section 5(1) of the said Ordinance to simple imprisonment for one month and fine of Rs.50,000/- (Rupees Fifty Thousand Only) or in default of payment thereof to undergo simple imprisonment for a further period of fifteen days. In addition, he also ipso facto stood de-seated from his membership of the Senate of Pakistan and disqualified from being elected or chosen as and from being a member of the Majlis-e-Shoora (Parliament) for a period of five years.
3. Pursuant to the aforesaid judgment. Muhammad Nehal Hashmi/the contemnor was lodged in Central Prison, Rawalpindi for serving out his sentence. To challenge his conviction and sentence, he filed an appeal bearing Intra Court Appeal No.1 of 2018 which is pending before this Court.
4. It appears that on being released from Jail after serving out his sentence, the contemnor talked to some Media personnel. During such talk, he used abusive language against honourable Judges of this Court which was not only found its way on the social media but was also widely telecast on the Electronic Media in addition to being reported in various Daily Newspapers.
5. On 06.03.2018, while taking up the Intra Court Appeal of the contemnor, this Court took notice of the statements made by him and passed the following order:- "When we asked the learned counsel appearing for the appellant whether on the basis of the previous conduct of the appellant, for which he has already been convicted, should his sentence not be enhanced; besides, should a case be not registered against him for the words uttered by him in the statement on the basis of which conviction has been made, he requested for some time.
2. We have also played a recent video recording dated 01.03.2018 in the Court. It was made at the time of his release from jail. He used extremely derogatory and abusive language against the Judges of this Court.
3. In view of the above, we direct the appellant, Muhammad Nehal Hashmi, to personally appear before this Court on 07.03.2018 at 1:00 p.m. Re-list accordingly."
6. The next day i.e. 07.03.2018, the contemnor along with his counsel Mr. Kamran Murtaza, learned Sr.
ASC appeared and the following order was passed by this Court:- "Muhammad Nehal Hashmi vide order dated 1.2.2018 passed in Crl. 0. P. No.154/217 was convicted for committing the contempt of Court and was inter alia sentenced for one month's imprisonment.
He, after serving his sentence, was released from the jail on 01.03.2018 and made various statements at different places while going to his residence. These statements were telecast on the electronic media and had also been reported in various newspapers. One of those statements made by him became viral on the social media, which contains abusive language about the Judges of this Court, thus, he was summoned to appear before this Court to give his explanation.
Today, he is present in Court and has not denied his such statement, nevertheless tried to wriggle out of the same on the basis of certain unsatisfactory explanations, but on the face of it, such statement is tantamount to scandalize the Court and to bring the Judges of this Court into hatred and ridicule, thus he is issued notice under the provisions of section 17 of the Contempt of Court Ordinance, 2003 (the Ordinance of 2003) to show cause as to why he may not be punished under section 5 read with sections 2(c) and 11 of the Ordinance of 2003 as also Article 204 of the Constitution of Islamic Republic of Pakistan, 1973 for committing contempt of this Court. He is directed to give his reply by 10.03.2018 (Saturday). Office is directed to separately number the said matter as Criminal Original Petition.
2. Furthermore, notice be also issued to the Vice Chairmen of the Pakistan Bar Council and also the Sindh Bar Council so as to apprise this Court as to what action is warranted against him er of (Ijaz ul Ahsan, J) as a practicing lawyer under the provisions of the Legal Practitioners and Bar Councils Act, 1973.
3. Copy of the video recording and the transcript has been provided to Muhammad Nehal Hashmi.
4. Mr. Kamran Murtaza, learned Sr. ASC representing the appellant in this case, states that on account of the abusive and obnoxious language used by the appellant, he would not like to represent him and accordingly wants to withdraw himself as a counsel in this case. Order accordingly. The appellant shall personally appear on the next date of hearing. He may choose to seek his representation through a legal counsel as well.
5. Let the matter be listed for hearing on 12.03.2018."
7. On the said date, the contemnor filed his reply to the show cause notice which was considered by this Court and found unsatisfactory. Therefore, the matter was set down for hearing on 26.03.2018 for framing of charge against the contemnor` and examining the issue of cancellation of his license to practice law. On said date, when the matter was taken up for hearing Mr. Rashid A.
Rizvi, learned Sr. ASC-ExPresident, Supreme Court Bar Association; Mr. Salah ud Din Gandapur, learned ASC-Vice Chairman, Sindh Bar Council; and Mr. Muhammad Arshad, learned ASC- Secretary, Pakistan Bar Council along with other senior Lawyers of this Court and Members/Representatives of Bar Councils/Bar Associations throughout Pakistan appeared before this Court. They submitted that they categorically rejected and condemned the words and actions of the contemnor who claims to be an Advocate and disassociated themselves from him. They stated that they would neither condone nor defend the contemnor who had the audacity to insult the honourable Judges of the highest Court of the country who were held in the highest esteem by members of the Bar as well as its office bearers. Video clips of outburst of the contemnor were played on multimedia in the Court Room which was watched by all present including the contemnor and the office bearers of the Bar. The Court directed the representatives of the Bar Associations to assist the Court in the matter and suggest how the contemnor should be dealt with. They sought time in view of the fact that Syed Kaleem Ahmed Khurshid, President, Supreme Court Bar Association; Mr. Kamran Murtaza, learned Senior ASC Vice-Chairman, Pakistan Bar Council and other senior leaders of the Bar were not present. The contemnor expressed regrets and tried to offer explanations which were ex facie baseless, illogical and unconvincing which did not impress even his peers let alone the Court.
8. When the matter was taken up for hearing today i.e. 27.03.2018, Syed Kaleem Ahmed Khurshid, learned ASC President, Supreme Court Bar Association took the rostrum and condemned the statements of the contemnor in the strongest of terms. He stated that the words and conduct of the contemnor were inexcusable and indefensible and could not in any manner whatsoever be condoned/tolerated. He further submitted that respect and majesty of the law and this Court were sine qua non for enforcement of the rule of law in the country and the conduct of the contemnor was unbecoming of a lawyer and was totally unacceptable. Such attitude and language could not be tolerated from any citizen whatsoever let alone somebody who claims to be a Lawyer.
9. Mr. Rashid A. Rizvi, learned Sr. ASC, ex President of the Supreme Court Bar Association stated that anybody who abused the Institution or the Hon'ble Judges actually abused himself. He submitted that the language and attitude of the contemnor was inexcusable and undefendable and should be condemned and rejected at all levels.
10.Mr. Kamran Murtaza, learned Senior ASC-Former President. Supreme Court Bar Association and Vice Chairman. Pakistan Bar Council reiterated the words of the President, Supreme Court Bar Association and submitted that Pakistan Bar Council would never defend, condone or support anybody who would indulge in any manner detrimental to the respect and dignity of this Court. He stated that the Bar would firmly stand by the highest judicial institution of the country unconditionally and without any reservation whatsoever.
11.Mr. Ahsan Bhoon, learned ASC-Member, Pakistan Bar Council submitted that the Pakistan Bar Council, its members and office bearers condemned and rejected the language used by the contemnor which was indefensible and would not support any effort on the part of anybody who abuses, interferes with or obstructs the process of the highest Court of the country or scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt. He submitted that he was not willing to believe that the statements made by the contemnor could have been made by a sane person with a stable mind. He stated that in a meeting attended by the present and past office bearers of the Supreme Court Bar Association and Pakistan Bar Council. the words and conduct of the contemnor had out-rightly been condemned and rejected and the Members had expressed their grave concerns and deep disappointment on the conduct of the contemnor,
12. Raja Muhammad Ibrahim Satti, learned Sr. ASC; Mr. Salah ud Din Gandapur, learned ASC-Vice Chairman, Sindh Bar Council; and Mr. Mansoor Laghari, learned ASC-Chairman, Executive Committee concurred with the views expressed by various office bearers of the Bar Associations/Bar Councils. Mr. Naeem Bukhari, learned Sr. ASC, also appeared and submitted that the words and conduct of the contemnor were inexcusable and he should be visited with the maximum penalty in addition to cancellation of his license to practice law before any Court in the country.
13. At this stage, Mr. Gandapur informed the Court that the Sindh Bar Council had suspended the license of the contemnor for three months and had also referred the matter to the Disciplinary Tribunal constituted under the provisions of the Legal Practitioners and Bar Councils Act, 1973.
14. At this stage, Muhammad Nehal Hashmi/the contemnor also sought permission to address the Court. He admitted his unbecoming and contemptuous conduct and expressed remorse and regret for his mistake. He submitted an unconditional apology, placed himself at the mercy of the Court and sought forgiveness. He solemnly assured and undertook not to give any cause of complaint of any nature in future.
15. The office bearers of the Bar Associations and Bar Councils, present in Court stated that although the contemnor deserved no leniency as his words and conduct were despicable, reprehensible and abhorrent, they would nevertheless urge the Court to show magnanimity and grace considering his age, mental state and health condition as forbearance and restraint would increase and enhance the majesty and glory of the Court.
16. The contemnor has also submitted an unconditional written apology which reads as follows:- `I, Muhammad Nehal Hashmi, Advocate, High Court, practicing at Karachi, do hereby respectfully submit that in a great respect of this Hon'ble Court and Leadership of legal fraternity I am highly regretful of my unbecoming conduct and submit my un-conditional apology and so place myself at the mercy of this Hon'ble Court for forgiveness.
I solemnly assure and undertake that 1 will not give any cause of complaint of any sort in future to the Hon'ble Courts in respect of my conduct.
It is, therefore, humbly prayed that my unconditional apology may very kindly be accepted and the proceedings of Contempt of court initiated against me, may graciously be dropped.
Sd/- (Muhammad Nehal Hashmi)
Advocate, High Court, Karachi"
17.We have heard the past and present office bearers of Bar Councils/Bar Associations, Members of the legal fraternity and senior lawyers of this Court. It is clear and obvious that the words and conduct of the contemnor constituted gross contempt of this Court. He was therefore undoubtedly liable to be visited with the penalty available under the law. The contemnor has also admitted his unbecoming conduct which according to the learned Members of the Bar Councils/Bar Associations is not only regrettable, despicable and reprehensible but also totally indefensible.
However, the contemnor has expressed regret and remorse on his conduct, submitted an unconditional apology and placed himself at the mercy of the Court seeking forgiveness. Further, he has given an assurance and undertaking that he will not give any cause of complaint of any nature in the future to the Court in respect of his conduct.
18.We have also considered the age, mental state and health of the contemnor. Further, he has recently served a sentence awarded to him by this Court and also stands disqualified from holding a public office for a period of five years. He has admitted his guilt and expressed regret and remorse which prima fade appear to be sincere. Keeping in view all the above factors, in due deference to the views expressed by office bearers of the Bar and senior Lawyers of this Court and in the interest of institutional grace and dignity which is a hallmark of this Court, we have as an exceptional case decided to exercise restraint, magnanimity and forbearance in this matter.
Therefore, we accept the unconditional and unqualified apology tendered by Muhammad Nehal Hashmi/the contemnor and drop the proceedings for contempt of Court initiated against him.
19.It is, however, made clear that in case of any lapse on the part of the contemnor with respect to complete and faithful adherence to the assurance and undertaking given by him in writing which has been reproduced above, he shall be dealt with strictly in accordance with law. In that case, no leniency will be shown towards the contemnor. It is further clarified that this order is being passed in view of the peculiar facts and circumstances of this particular case, considering all factors mentioned hereinabove which are specific to the contemnor. Therefore, this judgment shall not be used or cited as a precedent for any future case.
20.As a consequence, this Criminal Original Petition bearing No.23 of 2018 stands disposed of in the above noted terms.