THE
CONTEMPT OF COURT ORDINANCE, 2003.
ORDINANCE NO. V OF 2003
AN
ORDINANCE
to regulate the exercise of all powers of
courts to punish for contempt of court
WHEREAS
clause (3) of Article 204 of the Constitution
of the Islamic Republic of Pakistan provides that the exercise of the power
conferred on courts to punish for contempt may be regulated by law;
AND
WHEREAS the National Assembly is not in session and
the President is satisfied that circumstances exist which render it necessary
to take immediate action;
Now,
THEREFORE, in exercise of the powers conferred by clause
(1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the
President is pleased to make and promulgate the following Ordinance:-
1. Short title and commencement.-(1) This Ordinance may be
called the Contempt of Court Ordinance, 2003.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once and shall be deemed
to have taken effect from the ninth day of November, 2003.
2. Definitions.–
In this Ordinance, unless there is anything
repugnant in the subject of context,–
(a) “civil
contempt” means the willful flouting or disregard of–
(i) an order, whether interim or final, a judgement 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 office;
(d) “notice”
means a notice other than a show clause notice issued by a court;
(e) “pending proceedings”
means proceedings which have been instituted in a court of law until finally
decided after exhausting all appeals, revisions or reviews provided by law or
until the period of limitation therefore has expired:
Provided that the pendency of an execution application
shall not detract from the finality of the proceedings.
(f) “personalized
criticism” means a criticism of a judge or a judgement in which improper motives
are imputed; and
(g) “superior
court” means the Supreme Court or a High Court.
3. Contempt of court.– Whoever disobeys or
disregards any order, direction or process of a court, which is legally bound
to obey; or commits a willful breach of a valid undertaking 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 disrepute, 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 of a court or
scandalize a judge in relation to his office, or to disturb the order or decorum
of a court, is said to commit “contempt of court”. The contempt is of three
type, namely, the “civil contempt”, “criminal contempt” and “judicial
contempt.”.
4. Jurisdiction.–(1) Every superior court shall have the power to punish a
contempt committed in relation to it.
(2) Subject to sub-section (3), every High Court shall
have the power to punish a contempt committed in relation to any court
subordinate to it.
(3) No High Court shall proceed in case in which an
alleged contempt is punishable by a subordinate court under the Pakistan Penal
Code (Act No.XLV of 1860).
5. Punishment.–(1) Subject to sub-section (2), any person who commits
contempt of court shall be punished with imprisonment which may extend to six
months simple imprisonment, or with fine which may extend to one hundred
thousand rupees, or with both.
(2) 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.
Explanation.–The fact that an accused
person genuinely believes that he has not committed contempt and enters a
defence shall not detract from the bona fides of an apology.
(3) In the case of a contempt having been committed, or
alleged to have been committed, by a company, the responsibility therefore
shall extend to the persons in the company, directly or indirectly, responsible
for the same, who shall also be liable to be punished accordingly.
(4) Notwithstanding anything contained in any judgement,
no court shall have the power to pass any order of punishment for or in
relation to any act of contempt save and except in accordance with sub-section
(1).
6. Criminal contempt when committed.–(1) A criminal contempt
shall be deemed to have been committed if a person–
(a) attempts to influence a witness, or proposed witness,
either by intimidation or improper inducement, not to give evidence, or not to
tell the truth in any legal proceeding;
(b) offers an improper inducement or attempts to
intimidate a judge, in order to secure a favorable verdict in any legal
proceedings;
(c) commits any other act with intent to divert the
course of justice.
(2) Nothing contained in sub-section (1) shall prejudice
any other criminal proceedings which may be initiated against any such person
as is mentioned therein.
7. Cognisance of criminal contempt.–In the case of a criminal contempt a superior court may
take action;
(i) suo moto; or
(ii) on the initiative of any person connected with the
proceedings in which the alleged contempt has been committed; or
(iii) on the application of the law officer of a
Provincial or the Federal Government.
8. Fair reporting.–(1) Subject to sub-section (2), the publication of a
substantially accurate account of what has transpired in a court, or of legal
proceedings, shall not constitute contempt of court.
(2) The court may, for reasons to be recorded in writing,
in the interest of justice, prohibit the publication of information pertaining
to legal proceedings.
9. Personalized criticism.–(1) Subject to the
provisions of this Ordinance, personalized criticism of a specific, judge, or
judges, may constitute judicial contempt save and expect true averment if made
in good faith and in temperate language in a complaint made,–
(a) to the administrative superior of a judge of a
subordinate court;
(b) to a Provincial Government;
(c) to the Chief Justice of a High Court;
(d) to the Supreme Court;
(e) to the Supreme Judicial Council; or
(f) to the Federal Government for examination and being
forwarded to the Supreme Judicial Council.
(2) Nothing contained in sub-section (1) is intended to
deprive a judge of the right to file a suit for defamation.
10. Fair comments.–The
fair and healthy comments on a judgment involving question of public importance
in a case which has finally been decided and is no longer pending shall not
constitute contempt:
Provided that it is phrased in temperate language and the
integrity and impartiality of a
Judge is not impugned.
11. Judicial contempt.–(1)
A superior court may take action in a case of judicial contempt on its own
initiative or on information laid before it by any person.
(2) Any person laying false information relating to the
commission of an alleged judicial contempt shall himself be liable to be
proceeded against for contempt of court.
(3) Judicial contempt proceedings initiated by a judge,
or relating to a judge, shall not be heard by the said judge, but shall (unless
he is himself the Chief Justice) be referred to the Chief Justice, who may hear
the same personally or refer it to some other judge, and, in a case in which
the judge himself is the Chief Justice, shall be referred to the senior most
judge available for disposal similarly.
(4) No proceedings for judicial contempt shall be
initiated after the expiry of one year.
12. Civil contempt.–(1) Proceedings for civil contempt may be initiated suo
moto or at the instance of an aggrieved party.
(2) The provisions contained herein are intended to be in
addition to, and not in derogation of, the power of the court under any other
law for the time being in force to enforce compliance of its orders, judgements
or decrees.
13. Procedure in cases of contempt in the face of the
court.–(1) In
the case of a contempt committed in the face of the court, the court may cause
the contemner/offender to be detained in custody and may proceed against him in
the manner provided in sub-section (2):
Provided that if the case cannot be finally disposed of on the
same day, the court may order the release of the accused from the custody
either on bail or on his own bond.
(2) In all cases of contempt in the face of the court the
judge shall pass an order in open court recording separately what was said or
done by the accused person and shall immediately proceed against the offender
or may refer the matter to the Chief Justice for hearing and deciding the case
by himself or by another Judge.
14. Expunged material.–No
material which has been expunged from the record under the orders of–
(i) a court of competent jurisdiction; or
(ii) the presiding officer of the Senate, the National
Assembly or a Provincial Assembly, shall be admissible in evidence unless it is
otherwise ordered by the court.
15. Innocent publication.–No person shall be guilty of contempt of court for making
any statement, or publishing any material, pertaining to any matter which forms
the subject of pending proceedings, if he was not aware of the pendency
thereof.
16. Protected statements.–No proceedings for contempt of court shall lie in
relation to the following:–
(i) observations made by a higher or appellate court in a
judicial order or judgement;
(ii) remarks made in an administrative capacity by any
authority in the course of official business, including those in connection
with a disciplinary inquiry or in an inspection note or a character roll or
confidential report; and
(iii) a true statement regarding conduct of a judge
connected with the performance of his judicial functions:
Provided that onus of proof shall be on the person relying on the
statement.
17. Procedure.–(1) Save as expressly provided to the contrary,
proceedings in cases of contempt shall be commenced by the issuance of a
notice, or a show cause notice, at the discretion of the court.
(2) In the case of a notice the alleged contemner may
enter appearance in person or through an advocate, and, in the case of a show
cause notice, shall appear personally:
Provided that the court may at any time exempt the
alleged contemner from appearing
personally.
(3) If, after giving the alleged contemner an opportunity
of a preliminary hearing, the court is prima facie satisfied that the
interest of justice so requires, it shall fix a date for framing a charge in
open court and proceed to decide the matter either on that date, or on a
subsequent date or dates, on the basis of affidavits, or after recording
evidence:
Provided that the alleged contemner shall not, if he so requests,
be denied the right of cross examination in relation to any affidavit, other
than that of a judge, used in evidence against him.
18. Substantial detriment.–(1) No person shall be found
guilty of contempt of court, or punished accordingly, unless the court is
satisfied that the contempt is one which is substantially detrimental to the
administration of justice or scandalizes the court or otherwise tends to bring
the court or Judge of the court into a hatred or ridicule.
(2) In the event of a person being found not guilty of
contempt by reason of subsection1 the court may pass an order deprecating the
conduct, or actions, of the person accused of having committed contempt.
(3) Subject to the provisions of this Ordinance, truth
shall be a valid defence in cases
of contempt of court.
19. Appeal.–(1) Notwithstanding anything contained in any other law or
the rules for the time being in force, orders passed by a superior court in
cases of contempt shall be appealable in the following manner:–
(i) in the case of an order passed by a single judge of a
High Court an intracourt appeal shall lie to a bench of two or more judges;
(ii) in a case in which the original order has been
passed by a division or larger bench of a High Court an appeal shall lie to the
Supreme Court; and
(iii) in the case of an original order passed by a single
judge or a bench of two judges of the Supreme Court an intra-court appeal shall
lie to a bench of three judges and in case the original order was passed by a
bench of three or more judges an intra-court appeal shall lie to a bench of
five or more judges.
(2) The appellate court may suspend the impugned order
pending disposal of the appeal.
(3) The limitation period for filing an appeal shall be
thirty days.
20. Repeal.–The
Contempt of Court Act, 1976 (LXIV of 1976) is hereby repealed.
GENERAL
PERVEZ MUSHARRAF
President
______________________
MR.JUSTICE
MUHAMMAD NAWAZ ABBASI
Principal Secretary
No comments:
Post a Comment