This appeal is against the judgment dated 22nd August 1997, passed by learned singly Judge of this Court whereby appellant was found guilty under Section 4 of Contempt of Court Act, as such, convicted and sentenced him to fine of Rs.2,000/-. In default of payment of fine he was directed to undergo S.I. For 15 days.
2. Brief facts relevant for disposal of instant appeal are that the appellant is an Editor of Fortnightly Aks-e-Bolan being published from Quetta. The District Magistrate Quetta had cancelled its declaration on 8th June, 1996. Against the same an appeal was tiled before this Court under Section 26 of Registration of Printing Press and Publication Ordinance, 1988. On 26.12.1996, the Learned Single Judge of this Court set aside the cancellation of declaration order and remanded the case to District Magistrate for deciding the matter afresh. It was further directed to decided the same on or before 20th January, 1997, after hearing the appellant. Appellant was allowed to publish the issue of 1st January, 1997, subject to not publishing any objectionable or indecent material. After publication of January issue District Magistrate exonerated the appellant vide order dated 4th August 1997, On 5th July 1997, appellant was served with Contempt Notice by the Additional Registrar of this Court in the following terms:- "WHEREAS an application has been made by Miss Shafia Baloch a Journalist, resident of House No. 5-6-B Moti Ram Road, Queta, for initiating contempt proceeding against Agha Abdul Razzaq Chishti, Editor of Fortnightly Urdu News Paper Aks-e-Bolan for publishing objectionable materials appearing in the above Newspaper and violating the direction contained in the order dated 26.12.1996, passed in High Court Appeal No.4 of 1996, that appellant Editor Agha Abdul Razzaq Chishti, shall be free to publish Newspaper on 1st January, 1997, subject to Non-printing objectionable/indecent material.
"WHEREAS on 4.7.1997, this Hon'ble Court has been pleased to pass order for issuance of notice to your under Section 3/4 of the Contempt of Court Act, 1976 to appear in person and explain as to why you should not be convicted/sentenced for contempt of Court and also directed to produce all copies of your Newspaper Aks-e-Bolan published after passing of order dated 26.12.1996, in Appeal No.4 of 1997, uptill the receipt of this Notice and you should also required to surrender the Declaration of your Newspaper aks-e-Bolan on the date of hearing.
THEREFORE, you are required to appear in person on 8.7.1997 at 8.30 a.m. Before this Hon'ble Court and to explain as to why you should not be convicted/sentenced for contempt of Court. You are directed to produce all the copies of your News Paper Aks-e-Bolan published after passing of order dated 26.12.1996, in Appeal No.4 of 1996, uptill the receipt of the notice and should also surrender the Declaration of his news paper on the date of hearing i.e. 8.7.1997".
2. The appellant appeared before the Court and applied for photo copy of application reportedly find by one Miss Shafia Baloch. Since in the earlier notice it was not mentioned that in the Fort- nightly issue of 16th to 30th April, 1997, appellant had published some objectionable material, therefore, it was directed to repeat Contempt Notice for violating orders of this Court dated 26.11.1996. In pursuance of the same second Contempt notice was issued on 19.7.1997. Appellant was directed to produce all the copies of Newspapers published after 26th December, 1997. Notices were also issued to M/s. Nadir Hussain and Muhammad Ibrahim Proprietor of Kalat and Islamia Printing Press respectively. Appellant find reply to the notice on 21.7.1997, in which he had siated that he has not violated the order of this Court nor he could think to commit Contempt of this Court.
Learned single Judge made basis his reply as admission on his part, thus convicted and sentenced him as described above.
3. Being aggrieved and dis-satisfied of his conviction appellant preferred instant appeal challenging the same.
4. We have heard Mr. Muhammad Aslam Chishti, Learned Counsel for the appellant: Whereas Mr. Noor Muhammad Achakzal Learned Additional Advocate General appeared on behalf of State.
Mr. Muhammad Aslam Chishti Advocate argued that the Contempt proceedings have been initiated on the basis of application of one Miss Shafia Baloch. Despite several applications copy of the same was not supplied to the appellant enabling him to file its reply wherein it was alleged that some objectionable material was published in the issue of 1st to 15th and 16th to 30th April, 1997. He next contended that the judgment dated 26.12.1996, passed by this Court whereby directions were made to the appellant not to publish objectionable and indecent material in the issue of 1st January, 1997: whereas conviction has been recorded for publishing issue for the period from 1st to 15th and 16th to 30th April, 1997, therefore, no objectionable or indecent material was published in the issue on lst January, 1997, about which directions were made by this Court, as such, the appellant could not be convicted for publishing issue from the period 1st to 15th and 16th to 30th April, 1997. He further argued that the written apology was find before the Court that the appellant has not committed any contempt and if any contempt has been committed he be forgiven for the same,. If the apology was not accepted by the Court in that case a proper enquiry should have been conducted and after framing charge appellant should have been given/afforded an opportunity to adduce evidence. In the instant case neither any enquiry was held nor charge was framed nor any evidence was recorded, as such, impugned judgment is not sustainable under the law and is liable to be set aside.
On the other hand Mr. Noor Muhammad Achakzal learned additional Advocate General opposed the appeal and submitted that admittedly objectionable material was published by the appellant in the issue of 1st to 15th and 16th to 30 April, 1997, therefore, he has violated the order of this Court passed on 26.12.1996. The Learned Single Judge has taken a very lenient view by only imposing fine of Rs.2,000/- against the appellant.
5. We have considered the arguments put forth by the Learned Appearing for parties and perused record of the case: It may be noted that the Press performs a very important role as means of mass communication in the Modern world. The object of the press is to inform its readers about what is happening in their community, country and the world at large." Though the freedom of speech and expression has been guaranteed under Article 19 of the Constitution of Islamic Republic of Pakistan, 1973, but certain restrictions have also been imposed by Law in the interest of glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relation with foreign states, public order, decence? Of morality or in relation would relation to contempt of Court. The Islamic concept of press provides. All possible liberties within the domain of the given principles of an Islamic State. Mr. Abid Masood Tahem has discussed Islamic concept of mass Mefitis in his book Journalism as under:- "The Islamic concept of Mass Media is not man-made. Therefore, it cannot be compared with other man-made concept of Mass Media, which infect are temporary. It is impossible to encompass the Islamic concept by any man-made theory. Every concept whether it is authoritarian, liberation or communist concepts has certain drawbacks. And, also as far as the freedom of-the mass media in these societies is concerned, no society provides complete liberty. Every society imposes restrictions. Our basic assumption appears tobe common to all theories of press, whether it is the theory of Toudors, of or the 18th century as stated by Balackstone and Mansfield. This assumption is, that freedom of press is not and never can be absolute. All agree that some forms of restraint are necessary and that the Government has a legitimate function as to the nature and number of these limitations.
He further observed that A Muslim Journalist should not be satisfied merely by putting into print all that is fit to print in the common man's interest; he should always attack wrong and fight for right against might. The Islamic press should reflect the spirit of the following verses of the QURAN.
Who invite to goodness, and enjoin right conduct and forbid indecency.
(AI-IMRAN-3: 014 QURAN).
To promote goodness the Quran enunciates. Help ye one another unto righteousness and pious duty.
Help not one another unto sin and transgression.
(QURAN Al-MAIDA 5.2).
Moulana Muhammad Ali Johar in reply to the suggestion of some of his friends to bring out Newspaper had formulated the following code of morals for Journalism as quoted in the above- mentioned book.
(1) . The newspaper should be beyond personal attacks. Neither should the editor write in priase of a certain person nor should he would write against the enemy.
(2) . Whatever is written, it should be written with Sobrety and Seriousness.
(3) . The objective of a newspaper' is not to harm any other nation but to benefit one's own nation; so far as possible religious discussion should be avoided.
(4) . The newspaper is the sum total of news. Therefore, it should mostly have news that is always true and authentic.
(5) . The editorial should be written on an important and current affair. It should be written with labour and research and after carefully study.
The phrase Yellow journalism was coined in the 1890s, to describe the tactus employed in furious competition between two New york Newspapers, the WORLD and Journal. The Newspapers began to mount their own popular sensational "crusades" in order to increase the circulation. The culmination of his trend was the Yellow journalism (Encyclopedia Britinic).
Dr, Abdul Salam Khurshid in his book has defined Yellow journalism as under:- {{URDU MISS}} The perusal of the previous issue of Aks-e-Bolan indicate that the appellant had been publishing objectionable and indecent material in his Newspaper, It may be noted that no journalist can be permitted or let loose in the society to publish whatever he wants on the pretext of freedom of expression as envisaged under the Constitution. As it has been observed earlier that every citizen is entitled to enjoy freedom of belief and conscious and freedom of thought and expression. "But this freedom is not, and cannot be, absolute, or else it amounts to close and anarchy". (Al-QURAN 2: 135).
There should be some restrictions either self-imposed or imposed by the law and Constitution to cure the abuses. The journalist are expected to remain within the barears of code of morality particularly in an Islamic State like Pakistan. Some material which was published in the April, issue was read out by Additional Advocate General, even learned Counsel for the appellant could not controvert that it was decent or non-objectionable, however, he submitted that the appellant being an old man, Heart Patient and some of his daughters suffering from different diseases be acquitted of the charge as he is the only source of income and the only bread winner of his large family.
Now adverting to the plea taken by learned Counsel for appellant that since the order of learned single Judge dated 26.12.1997, was only in respect of not publishing objectionable material in the January, issue. Therefore, if at all any objectionable material was published subsequently the appellant could not be convicted under Contempt of Court Act. We have perused the order of learned Single Judge wherein he had set aside the order dated 8.10.1996, passed by learned District Magistrate Quetta and the matter was remanded to him with the directions to decide the same afresh as far as possible by or before 10.1.1997 and it was further held as Under:- "In the meanwhile appellant shall be free to publish Newspaper on 1st January, 1997, subject to not printing/publishing objectionable/indecent material".
In the above-mentioned portion of the impugned order it is clearly mentioned therein that the appellant was allowed to print/publish only January issue subject to not printing any objectionable material, therefore, no order for the future issues had been passed, thus the appellant could not be convicted under Contempt of Court Act for violating the order of this Court. Furthermore the appellant was convicted mainly on the basis of apology submitted by him. The learned Single Judge treated his reply as admission of his guilt and since it was unconditional, therefore, he was convicted, In this regard it may be noted that appellant in his reply has categorically stilted that he has not committed any contempt and if at all any mistake has been accepted by the learned Single Judge then he should have been prosecuted by framing charge and thereafter, should have been afforded opportunity of producing any evidence in his defence. In the present case no such proceedings have been conducted. Neither any opportunity was afforded to him nor the prescribed procedure was adopted. Perusal of record shows that several applications were submitted by the appellant for supplying him copy of application find by Miss Shafia Baloch on the basis of which the proceeding had been initiated, to file reply of the same but the same was not granted to him.
In view of what has been discussed above we are inclined to accept the appeal and the order of learned Single Judge dated 26.12.1997, is set aside. Notice dated 5.7.1997, is hereby discharged with the hope that appellant shall not publish any objectionable/indecent material in future.