Judiciary and media
The country’s contempt of court laws have long been a subject of discussion within the media, with the much feared laws dating back to colonial times. They have been long seen by working journalists as a restraint on free expression, holding back any criticism of the judiciary. Professionals have for long steered a course clear of the matter, threatened by the possibility of being called before a court. Editors, for this reason, are also wary of news stories touching on judicial affairs.
The matter has now been taken up in a new report issued on November 27 by the New York-based rights watchdog, the Human Rights Watch (HRW), which has expressed concern over the use of ‘contempt of court’ provisions by judges, to prevent criticism of the judiciary by the media. At least three instances have been cited since October this year, when courts stayed the airing of television programmes critical of the judiciary. The HRW has also observed growing problems regarding the use of contempt laws in high-profile cases after Arsalan Iftikhar was accused by property tycoon Malik Riaz of extorting huge sums of money from him to avoid prosecution.
“Judges sworn to uphold the rule of law should not be using their broad contempt powers to muzzle criticism by the media,” said Brad Adams, Asia director at Human Rights Watch. He also said that no branch of the state should, in a democracy, be “immune from public opinion”. The stance taken by the US-based group is certain to ignite further debate on what is already a heated issue at home, with the working of the institutions and how they deal with one another emerging as a subject that has already given rise to prolonged debate — especially since many wrinkles still spoil the smooth working of democracy in our country, giving rise to periodic confusion. One cannot disagree with the view that no institution of the country should be above accountability and transparency. Furthermore, the media is an effective watchdog and monitor on all institutions of state and should be allowed to play that role in a responsible manner.
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