Before Muhammad Munir, C. J and Muhammad Sharif and Cornelius, J.
THE CROWN – Petitioner
FAIZ AHMED FAIZ and others – Respondents
Criminal Original No. 21 of 1949, decided on 15th December 1949.
(a) Contempt of Court – An act, which interferes or has tendency of interfering with due courts of justice constitutes contempt – But minor omissions in press report will not justify action by High Court.
An act constitutes contempt if it is calculated to interfere, or has the tendency of interfering with the due course of justice. All publication the effect of which is to pre-judge a material issue in the case before judgment is pronounced, or which have the tendency to create in the public mind a preconception about such issue, are contempt; if the report amounts to a comment or expression of opinion on matters sub-judice or has the tendency to influence the readers, opinion on those matters by suppressing or misrepresenting material steps in the proceedings, it will amount to an interference with the due course of justice by prejudicing mankind in respect of an issue and thus constitute contempt of the Court in which the proceedings are pending.
Minor omissions, even inaccuracies, will of course, not justify action, as it is not humanly possible for any reporter to take down or report the proceedings in extenso and in the very words in which they are taken on the official record. [p. 31].
Muhammad Ali, and Muhammad Saddiq, for respondents.