Law Opinion
Law
of contempt needs amendment
Justice
Mohammad Gholam Rabbani
The
contempt of Court Act is a brief law. It does not tell
us what constitutes contempt of court. In the case of
MH Khondoker (a late well-known civil lawyer of our time),
Pakistan Supreme Court laid down the rule thus: "Truth
and justification are not valid defence to a charge of
contempt of judge of superior court where the contempt
consists in scandalising the judge or attacking his impartiality."
This judgement is reported in 18 DLR (SC) 124 and its
quoted sentence is at page 149. This ruling is still holding
the field.
After
reading that judgement recently for the second time, I
have noticed that one very important aspect of the problem
escaped the notice of the learned judges. It may for the
reason that the problem was not acutely felt at that time
as is now felt. It is true that the judicial system needs
extra-ordinary protection, but equally true is that the
system itself exists upon the confidence of the people
and the character, reputation as well as the behaviour
of a judge is the shield against any wrong behaviour or
scandal. A perfect judge does not need a contempt of Court
Act. But this does not mean that the society is consists
of only perfect persons.
Therefore
it is high time that the small contempt of Court Act should
be amended so as to make truth and justification always
a valid defence to the charge of contempt against any
citizen and to provide exemplary and deterrent punishments
for reckless false allegation against a judge.
The
author is Retired Judge, Appellate Division, Supreme Court.
