Islamabad: The contempt of court hearing regarding the publicity of allegations against Justice Mohsin Akhtar Kayani took place. The session was presided over by Chief Justice Aamer Farooq, Justice Miangul Hassan Aurangzeb, and Justice Arbab Muhammad Tahir of the Islamabad High Court.
During the hearing, the counsel for the Pakistan Electronic Media Regulatory Authority (PEMRA) submitted the transcript of the program in question and stated that PEMRA is referring the matter to the Council of Complaints. He asserted that the Council of Complaints can address the issue as it pertains.
Chief Justice Aamer Farooq remarked that the court is not issuing any directives and that PEMRA should handle the matter independently. He emphasized that no citizen is being prevented from filing a complaint and clarified that the court is addressing the issue within the context of the campaign against Justice Kayani.
Justice Farooq further advised that while it is permissible to report on pending cases, the reporting should not be judgmental. He reiterated that PEMRA had submitted the program’s transcript and that PEMRA’s lawyer had confirmed the program falls within their jurisdiction.
The Chief Justice underscored that free expression should not be used as a shield to demean anyone. Justice Miangul Hassan Aurangzeb noted that the court can take notice when propaganda is conducted to defame a judge after a reference is filed. He acknowledged that the court had taken notice of this specific matter.
Justice Aurangzeb also remarked that journalists Matiullah Jan and Talat Hussain are well-versed in the law, highlighting that Matiullah Jan spends the entire day in court and that Talat Hussain is an internationally renowned journalist. He stressed that when commenting on a judge, one should remember that the judge cannot sit beside them to defend themselves, referring to a previous decision by the Islamabad High Court.
The court adjourned the hearing until after the summer recess.
