| Case ID |
43ab125d-7fb6-41d0-ae90-8c2acc826579 |
| Body |
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| Case Number |
Criminal Appeals Nos. 15 and 16 of 1961 |
| Decision Date |
Apr 28, 1961 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the conviction of Sir Edward Snelson for contempt of court, ruling that his statements in a talk he gave were scandalous and undermined the authority of the High Court. The court emphasized that the jurisdiction of superior courts to punish contempt derives from common law and that such actions are necessary to maintain the dignity and authority of the judiciary. The decision highlighted the importance of the courts in the administration of justice and the necessity for all parties, including government officials, to respect the judicial process. The court held that the language used by the Law Secretary was offensive and calculated to lower the esteem of the High Court, thus justifying the contempt proceedings against him. |
| Summary |
This case revolves around the contempt proceedings against Sir Edward Snelson, the Secretary of the Ministry of Law, for statements made during a talk that were deemed to scandalize the High Court of West Pakistan. The Supreme Court found that Snelson's remarks, which suggested incompetence among the judges, constituted a libel against the judiciary, undermining public confidence in the courts. The ruling reaffirmed the principle that the courts have the authority to defend their dignity and maintain the rule of law. The decision is significant in establishing the boundaries of acceptable criticism of judicial decisions and underscores the responsibilities of government officials in their public statements. The case also involved discussions on the jurisdiction of the courts and the implications of contempt of court as it relates to maintaining judicial authority and public trust. Key issues included the balance between freedom of speech and the necessity of protecting the integrity of the judiciary, making it a landmark case in the context of legal standards for contempt and defamation in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Ministry of Law
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle Akbar,
B. Z. Kaikaus,
Hamoodur Rahman, JJ
|
| Lawyers |
Abdul Haque, Advocate,
Ghias Muhammad, Senior Advocate Supreme Court,
A. T. M. Mustafa, Advocate Supreme Court,
Mahmud Ali, Senior Advocate Supreme Court as Amicus curiae
|
| Petitioners |
Sir Edward Snelson, K. B. E.
|
| Respondents |
The Judges of the High Court of West Pakistan, Lahore,
The Central Government of Pakistan
|
| Citations |
1961 SLD 296,
1961 PLD 237
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1956),
Laws (Continuance in Force) Order (I of 1958),
Penal Code (XLV of 1860)
|
| Sections |
Art. 159,
Art. 2(1),
Art. 170,
Art. 2(4)(5)(6),
S. 499
|