No charge framing sans hearing: SC

The Supreme Court has ruled that a charge cannot be framed against an alleged contemnor without first granting a preliminary hearing in contempt cases. In a three-page judgment authored by Justice Muhammad Ali Mazahar while hearing a contempt matter, the court observed that a reading of the relevant section of the Contempt of Court Ordinance, 2003, clearly shows that, before taking cognisance or fixing a date for framing a charge, the alleged contemnor must be afforded an opportunity for a preliminary hearing. It added that, upon due satisfaction that a prima facie case is made out, the court may then fix a date for framing of charge in open court and proceed to decide the matter. A three-judge bench led by Justice Muhammad Ali Mazahar heard the matter. The case pertains to an individual who allegedly violated the order dated 03.09.2024 passed by the Sindh High Court (SHC) in its original jurisdiction. The plaintiff, who is the respondent in this criminal appeal, moved an application for contempt of court under Article 204 of and section 3 and 4 of the Contempt of Court Ordinance, 2003. After notice, a counter-affidavit was filed. The single judge of the SHC observed that section 17(3) of the Ordinance requires a date to be fixed for framing of charge, and accordingly fixed December 11, 2024 for framing of charge, after issuing notice to the Advocate General Sindh for his appearance to assist the court. Being aggrieved, the petitioner challenged the order through an intra-court appeal, which was disposed of on November 19, 2024, with a direction to the parties to appear before the single judge for further proceedings. However, the SC noted that in this case, the single judge, on the face of it, without providing an opportunity for a preliminary hearing, directly set a date for framing of charge. "In our view, there are some lapses apparent on the face of record and this crucial question has also been overlooked by the learned Division Bench while disposing of High Court Appeal," the order stated. The court set aside both high court orders to the extent of contempt proceedings. As far as the contempt application is concerned, it will remain pending, and if the court wishes to initiate contempt proceedings, then after providing an opportunity for a preliminary hearing based on the contempt application and the counter affidavit filed by the alleged contemnor, it may decide whether a prima facie case of contempt is made out for proceeding in accordance with law. The appeal is allowed in the above terms, says the order.