1. CHAUDHRY KHALID RASHEED, J. Through note of Registrar of this Court, it was brought into our judicial notice that Mr. Tanvir Ilyas, Prime Minister, Azad Jammu and Kashmir is continuously using derogatory statements against the superior judiciary of Azad Jammu and Kashmir through social as well as electronic media. The Registrar of this Court also presented a clip of newspaper pertaining to speech of Tanvir Ilyas. The matter was pondered in Council of Judges meeting. The Council decided to issue a notice to Tanvir Ilyas on 10.04.2023 and it was served through officer of this Court. On the same day, Tanvir Ilyas again used derogatory and indecent statement at Islamabad against the superior judiciary and also discussed the matter subjudice before this Court. The notes of Registrar dated 11.04.2023 are as under:- Notice was issued to Tanvir Ilyas and also served upon him personally through officer of this Court on 10.04.2023. Tanvir Ilyas appeared before this Court and also admitted the contents of clipping of newspaper in the open Court. Prima facie, in his statement, contemptuous wording has been used which is against the prestige and independence of Judiciary. Upon his statement, show cause notice was issued to him in the open Court, which is even not mandatory requirement of Article 45 of the Azad Jammu and Kashmir Interim Constitution, 1974. The contemnor submitted his reply, today i.e. 11.04.2023, which is considered by us.
2. Respondent (contemnor) submitted his reply, stating therein that if anyway, the prestige and status of judiciary is hurted, the respondent tendered unconditional apology and placed himself at the mercy of the Court.
3. During proceedings on Court question, the statement of contemnor is reproduced as under:- We have considered his reply as well as his statement and also gone through the video clips.
4. As the contemnor himself admitted remarks pertaining to contempt of Court and he also denied to submit any other objection or reply in response of show cause notice, hence, it can safely be held that his said act comes within the ambit of contempt of Court under Article 45 of the Azad Jammu and Kashmir Interim Constitution, 1974. The aforesaid Article is reproduced as under:- "45. Contempt of Court:- (1) In this Article "Court" means the Supreme Court of Azad Jammu and Kashmir or the High Court.
(2) A Court shall have power to punish any person who;--
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court."
5. The plain reading of the aforesaid Article reveals that the Apex Court as well as this Court is empowered to punish the contemnor who scandalizes, abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court, hence, Article 45 of the Azad Jammu and Kashmir Interim Constitution, 1974 fully attracts on the speeches made by the contemnor as he has made derogatory statement against superior judiciary in public meeting, attempted to spoil the prestige of the superior judiciary and also flexed his muscles to prejudice the determination of the cases pending before this Court.
6. We have no cavil to declare that contemnor is guilty of committing contempt of this Court.
7. Although, the contemnor is not entitled to get any relief as he continuously scandalized the prestige of higher judiciary at public places but as the contemnor has tendered unconditional apology before the Court, hence, we hereby opt a lenient view and punish him till rising of the Court under Article 45 of the Azad Jammu and Kashmir Interim Constitution, 1974.
8. As the contemnor has been punished by this Court, hence, he stands disqualified for being elected or chosen or for being a Member of Legislative Assembly or to hold any public office for two years from today. A copy of this order shall be sent to Chief Election Commissioner and Chief Secretary of Azad Jammu and Kashmir for compliance through Registrar of this Court. Order announced.