DOCSLIB.ORG

Contempt and Public Interest

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Contempt and Public Interest Contempt and Public Interest as an incidental but not intended Robin Bowiey, in this paper which received by-product, cause some likelihood an honourable mention in the 2005 CAM LA of prejudice to a person who hap­ pens at the time to be a litigant ...It Assay Prize, advocates dearer rules regarding is well settled that a person cannot be prevented by process of contempt sub judice contempt. from continuing to discuss publicly a matter which may fairly be regarded Introduction "The conflict between freedom of as one of public interest, by reason speech and the proper administra­ of the fact that the matter in ques­ The law of sub judice contempt strivesto tion of justice is most likely to arise tion has become the subject of litiga­ balance the right to freedom of speech when a media organisation pub­ tion."8 ' . and discussion of matters of public inter­ lishes material which may interfere Walker explains that until the High Court's est with the right for persons facing legal with the course of particular legal decision in Hinch, there was considerable proceedings to have a fair trial, unpreju­ proceedings. Typically, those respon­ uncertainty regarding the practical appli­ diced by media comment. Striking a sible will not intend to prejudice the cation of the Breadmakers principle, with balance between these two interests is proceedings. They may have been some courts viewing the principle as an a difficult task, which in Australia, has motivated solely by a desire to bring inflexible rule.9 In Hinch it was held that been addressed by the common law over to the attention of the public mat­ courts must engage in a "balancing exer­ time. While a number of 'decisions have ters of public interest and concern. cise" between the two competing interests considered how the balance should be Nonetheless, [in doing so] they may to satisfy themselves beyond reasonable maintained, no authoritative guidance ' be guilty of a criminal offence under doubt that the public interest in freedom has yet been developed in Australia, with that branch of taw in Australia known of speech outweighs the public interest in considerable uncertainty still surrounding as sub judice contempt."5 the administration of justice.10 However, the questions of when a publication1 will Courts are left with little (if any) guidance offend the sub judice rule, and when the Examples of publications that might "public interest" defence will be available. offend the sub judice rule include asser­ on how this balancing exercise should be The present law. of sub judice contempt tions that a person facing legal proceed­ undertaken. The test formulated by the raises more questions than answers. ings was innocent of the charges: DPP v majority of the High Court in Hinch to Wran (1986) 7 NSWLR616, or that he/she determine if a publication is prejudicial is in order to provide better guidance to was guilty: Hinch vAttorney General (Vic­ that the publication must: the media and as a result, avoid costly toria) (1987) 164 CLR 15 (Hinch). How­ " ... have a "real and definite ten­ and time-consuming litigation, and at the ever as this paper will show, the question dency" as a "matter of practical real­ same time, allow the media to publish of what publications will offend the sub ity" to "preclude or prejudice the fair and broadcast with greater'confidence judice rule is far from certain. and without fear of being found to be in and effective administration of justice contempt of court, greater certainty must The "Public Interest" Defence in the relevant trial."11 be created. In essence, this article consid­ In light of the common laws recognition In the Hinch decision, Mason G differed ers that prevention is better than cure, and that freedom of speech is a highly val­ from the majority in his preference that: that such prevention can only be achieved ued principle, the public interest defence through making the rules, on sub judice "... there was a substantial risk that has developed.6 Walker explains that 'the contempt clear and readily understood the published material would come "public interest defence" allows Austra­ by the media, courts and the community to the attention of one or lian courts to make a finding that a media alike.' more members of the jury in the rel­ publication contains information that has evant proceedings, and through so a "real and substantial risk" of causing doing, would cause real or serious Sub Judice Contempt: prejudice to the proceedings, but does prejudice to the fair conduct of those not amount to a contempt because the An overview of its proceedings."'2 development information relates to a matter of great public importance and interest.'7 The "substantial risk" test is the preferable The Sub Judice Rule test to be applied to determine if there is The first authoritative statement on the sub judice contempt. This is one of the "public interest defence" in Australian sub Essentially, the law of sub judice contempt major uncertainties in the Australian law judice law was enunciated by Jordan G in aims to safeguard the public interest in the of sub judice contempt, and Felicity Rob­ proper administration of justice through Ex parte Bread Manufacturers Ltd (1937) inson explains that: ensuring a fair trial.2 The rule prohibits 37 SR(NSW) 242 (Breadmakers), who the publication of prejudicial information held that: "The question that arises from the about a case that is currently being heard [five separate] judgments in Hinch v " [djiscussion of public affairs and the or is pending hearing in Court.3 The prin­ Attorney General (Victoria) (1997) is detriment of public abuses actual cipal source of sub judice contempt law in what constitutes a substantial public or supposed, cannot be required to Australia remains the common law.4 Com­ interest. The problem with the bal­ be suspended merely, because the mentator Sally Walker explains the opera­ ancing approach is that what it gains discussion or the denunciation may, tion of the sub judice rule: in flexibility it loses in subjectivity. The Communications Law Bulletin, Vol 24 N° 4 2006 Page 15 High Court has only provided limited and] introduce' "trial by media" just advance whether they will be pros­ examples of what issues may tilt the reform of the law of contempt."2' ecuted. Furthermore, the more gen­ scales in favour of the public inter­ eral reliance placed on the exercise of est defence, namely a 'major consti­ It is to this question of reforming the law prosecutorial discretion, the greater of sub judice contempt that the paper will tutional crisis' or 'imminent threat the likelihood of complaints of selec­ of nuclear disasterV3 Consequently, now turn. tive prosecution."25 media organisations are left in a situ­ Better guidance is therefore needed. DP 43 ation of uncertainty because they are The Case for Law Reform attempts to remedy this void by providing unable to gauge when a court may There is need for greater certainty and bal­ deem a particular topic to be of suf­ some guidance on the practical meaning ance in the Australian law of sub judice of the term "substantial public interest". ficient public interest to escape a contempt. Since 1980, there have been charge of contempt."14 more than 20 cases where allegedly preju­ PROPOSAL 20 dicial material has been published which Nature of the media industry Legislation should provide for a has necessitated the discharge of the jury defence to a charge of sub judice The "uncertainty" that Robinson refers to after it has been empanelled.22 above is undesirable? for the media, the contempt on the basis that the pub­ courts and the community in general. It DP 43 and other publications both in Aus­ lication the subject of the charge was must be remembered that the media is a tralia and overseas, while recommending reasonably necessary or desirable to time sensitive organisation, which survives that the sub judice rule be retained23, have facilitate the arrest of a person, to on publicizing "newsworthy" occurrences, proposed a number of solutions, which protect the safety of a person or of and as most media organisations are run are examined below. The following discus­ the public, or to facilitate investiga­ to make a profit, there will frequently be sion focuses on three main issues, namely tions into an alleged criminal offence. considerable pressure on media staff to The burden of proving this should be • what constitutes a matter of "sub­ on the defendant in contempt pro­ find and publicise such occurrences.15 stantial public interest" Many staff within media organisations are ceedings, to prove on the balance of not legally trained16, and without the aid • what factors will determine when a probabilities. of expert legal advice may not be equipped publication is in breach of the sub It appears that this proposal would pro­ to understand the presently complicated judice rule, focusing on the recom­ vide far more effective guidance than the and haphazard Australian law of sub mendation to change the test from present common law does, and ought to judice contempt. a "tendency to prejudice" to depend be adopted. on a "substantial risk of prejudice" Litigation resulting from avoidable con­ How a publication will offend tempt situations can be costly and time­ • the necessity for there to be fault the sub judice rule: replacing the consuming, and is therefore best avoided liability, and defences that should be "tendency to prejudice" requirement through making sub judice law clearer, available to publishers charged with with "substantial risk of prejudice" more consistent and better understood by sub judice contempt lawyers and lay people alike.
Load more

Recommended publications
  • Challenges to the Sub Judice Rule in South Africa
    Page 1 of 9 Original Research Challenges to the sub judice rule in South Africa Author: As a lawyer, it is a privilege to contribute to this Festschrift in honour of Professor Doctor Johan Kobus van Rooyen1, 2 Buitendag. His entire career has been a quest for the truth. In the process, he has fearlessly rejected political agendas based on the Bible, and has inspired countless students in their Affiliations: 1Faculty of Law, University of quest to serve God in a practical and humane manner. His published research as well as the Pretoria, South Africa output of his doctoral students, both present and past, bear witness to a life dedicated to the search for knowledge in the service of God. He has also assisted substantially in placing South 2Faculty of Theology, African theological research on the international map. In a sense, this article which deals with University of Pretoria, South Africa the protection of the right to a fair trial of an accused, also acknowledges Johan Buitendag’s quest for justice for all South Africans, whatever their creed, gender, race or standing. The Note: subject of my article demonstrates my own quest to promote the constitutional right of an Chair, Broadcasting accused to a fair trial, a right that should not be subject to inordinate pressure by the media, Complaints Commission of South Africa (1993−); and which gives priority to the right of an accused to be presumed innocent: an accused who Emeritus Professor of Law, may frequently suffer loneliness and a sense of rejection. Related to that it is, of course, always University of Pretoria; important to bear in mind that freedom of expression is at the heart of our democracy.
    [Show full text]
  • JUSTICE MATTERS Independence, Accountability and the Irish Judiciary TANYA WARD
    JUSTICE MATTERS Independence, Accountability and the Irish Judiciary TANYA WARD 22473_ICCL_Judiciary_cover_sectio1473_ICCL_Judiciary_cover_sectio1 1 111/07/20071/07/2007 111:26:561:26:56 Th e Irish Council for Civil Liberties (ICCL) is Ireland’s leading independent human rights watchdog, which monitors, educates and campaigns in order to secure full enjoyment of human rights for everyone. ABOUT THE AUTHOR: TANYA WARD is Senior Research and Policy Offi cer with the Irish Council for Civil Liberties. 22473_ICCL_Judiciary_cover_sectio2473_ICCL_Judiciary_cover_sectio2 2 111/07/20071/07/2007 111:26:581:26:58 CONTENTS ABOUT THE ICCL 5 SECTION 4 Personal Independence and the Irish Judiciary 45 ACKNOWLEDGEMENTS 7 4.1 Introduction 46 4.2 Appointments 46 4.2.1 Selection and Criteria 46 SECTION 1 Introduction 9 4.2.2 Th e Judicial Advisory Appointments Board 1.1. Introduction 10 (JAAB) 50 1.2. Aims and Objectives of Study 12 4.3 Conditions of Service and Tenure 54 1.3. Methodology 13 4.4 Adequate Remuneration 56 1.4. Report Outline 14 4.5 Freedom of Expression and Association 57 4.5.1 Representation and Association 57 4.5.2 Extra-Judicial Comment and Educating SECTION 2 International Human Rights the Public 58 Standards on Judicial Independence and 4.6 Competence, Diligence and Judicial Studies 60 Impartiality 15 4.6.1 Judicial Studies in Ireland 60 2.1 Introduction 16 4.6.2 Induction 62 2.2 What is Judicial Independence? 16 4.6.3 Human Rights Education 63 2.3 What is Judicial Impartiality? 18 4.6.4 Further Academic Studies 65 2.4 International
    [Show full text]
  • Upholding the Integrity of Our Justice System and Balancing Rights
    UPHOLDING THE INTEGRITY OF OUR JUSTICE SYSTEM AND BALANCING RIGHTS A note from Indranee Rajah S.C., Senior Minister of State for Law The Administration of Justice (Protection) Act was enacted by Parliament on 15 August 2016. • The Act can be found at statutes.agc.gov.sg. • The Minister for Law’s Second Reading (2R) speech can be found at www.mlaw.gov.sg. With the Act, the law of contempt of court is now written into statute. Contempt of court has always existed at common law in Singapore. However it was the only non-statute based criminal law, an observation by former Chief Justice Chan Sek Keong, which prompted the review that led to the Act that has just been passed. Under the common law, there were also no upper limits on the punishment that could be meted out. The Act: • maintains the existing law of contempt, save for one change; • introduces a new procedural mechanism to deal with contemptuous publications in the social media age; and • imposes limits on the maximum punishment. Putting contempt law into statutory form makes it clearer and defines its boundaries. This is important given the penal consequences for contempt. PURPOSE AND INTENT Singapore adheres strongly to the rule of law. The laws against contempt of court ensure fair and effective justice, and protect the integrity of our legal institutions. They balance free speech with an individual’s right to a fair trial and ensure that court orders are complied with. All these are critical to maintaining societal order. The law of contempt falls into four broad categories:- • Scandalising the Court – this prevents baseless attacks against our judges.
    [Show full text]
  • CHAPTER—26 General Rules of Procedure
    CHAPTER—26 General Rules of Procedure Notices General procedure very matter proposed to be raised in the House by a member, whether E is in the form of a question, resolution, motion, Bill, amendment, or otherwise, requires notice. Every notice, required by the rules has to be given in writing addressed to the Secretary-General and signed by the member giving notice and has to be delivered at the Notice Office between 10.00 a.m. and 4.00 p.m.1 every day except Saturday, Sunday or a public holiday.2 Notices left or received after 4.00 p.m. on any open day, or left on any day when the Notice Office is closed are treated as given on the next open day3 but subsequently modified for different classes of business as notified in Bulletin Part-II prior to the commencement of every session.4 Notices may be delivered by members personally or through messengers and can also be sent by post. The Rules Committee was of the view that the notices/communications received through Fax should be treated as authentic notices/ communications provided that they were signed and followed by written notices.5 At the stage of adoption of the report, the House, however, did not accept the Committee’s recommendation.6 For the convenience of members, in addition to the box kept outside the Notice Office, another box is kept at the Rajya Sabha Reception Counter in the main Reception Hall of the Parliament House, for enabling the personal staff of members to deposit notices of questions, motions, resolutions, etc.
    [Show full text]
  • SCC File No. 37112 in the SUPREME COURT of CANADA
    S.C.C. File No. 37112 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF ONTARIO) BETWEEN: JOSEPH PETER PAUL GROIA APPELLANT (Appellant) -and- THE LAW SOCIETY OF UPPER CANADA RESPONDENT (Respondent) -and- DIRECTOR OF PUBLIC PROSECUTIONS, ATTORNEY GENERAL OF SASKATCHEWAN, ATTORNEY GENERAL OF ONTARIO, LAW SOCIETY TRIBUNAL, ADVOCATES’ SOCIETY, BARREAU DU QUEBEC, CANADIAN CIVIL LIBERTIES ASSOCIATION, BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION, INDEPENDENT CRIMINAL DEFENCE ADVOCACY SOCIETY, FEDERATION OF LAW SOCIETIES OF CANADA, ONTARIO CROWN ATTORNEYS’ ASSOCIATION, ONTARIO TRIAL LAWYERS ASSOCIATION, CANADIAN BAR ASSOCIATION, CRIMINAL LAWYERS’ ASSOCIATION OF ONTARIO INTERVENERS FACTUM OF THE INTERVENER, ATTORNEY GENERAL OF SASKATCHEWAN (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada) MINISTRY OF JUSTICE AND GOWLING WLG (CANADA) LLP ATTORNEY GENERAL 160 Elgin Street GOVERNMENT OF SASKATCHEWAN Suite 2600 820 – 1874 Scarth Street OTTAWA ON K1P 1C3 REGINA SK S4P 4B3 D. Lynne Watt Sharon H. Pratchler, Q.C. Tel: (613) 786-0171 Tel: (306) 787-5584 Fax: (613) 788-3587 Fax: (306) 787-9111 Email: [email protected] Email: [email protected] Ottawa agent to Counsel for the Intervener Counsel for the Intervenor, Attorney General Attorney General of Saskatchewan of Saskatchewan - i - LERNERS LLP GOWLING WLG (CANADA) LLP 130 Adelaide Street West 160 Elgin Street Suite 2400 Suite 2600 TORONTO ON M5H 3P5 OTTAWA ON K1P 1C3 Earl A. Cherniak, Q.C. (9113C) Jeffrey W. Beedell Tel: (416) 601-2350 Tel: (613) 786-0171 Fax: (416) 867-2402 Fax: (613) 788-3587 Email: [email protected] Email: jeff.beedell @gowlingwlg.com Counsel for the Appellant, Joseph Peter Paul Ottawa Agent to Counsel for the Appellant, Groia Joseph Peter Paul Groia LENCZNER SLAGHT ROYCE SMITH DENTONS CANADA LLP GRIFFIN LLP 99 Bank Street, Suite 1420 Suite 2600 OTTAWA ON K1P 1H4 130 Adelaide Street West TORONTO ON M5H 3P5 David R.
    [Show full text]
  • Contempt of Court
    III. CONTEMPT OF COURT Linda Fuerst* A. Introduction Critics have condemned the power to punish for contempt in Canada as "antiquated and autocratic",' "remedial and coercive", 2 and 3 "complex and ill-defined". While not all have been so harsh, most agree that the law in its present state is vague, confusing and in need of reform. 4 The contempt provisions in Bill C-19 5 address many defects in the current law. The most significant revision is the amendment of section 8 of the Criminal Code, 6 abolishing the common law power of judges to punish for contempt.' The Bill adopts the recommendation made by the Law Reform Commission of Canada that steps be taken to eliminate the anomaly created by section 8 and to enumerate and define the forms of criminal contempt. Section 8 would be amended to restrict liability to one of three offences created in the Code, 9 with the exception of the power to impose punishment for non-compliance with a judicial order in a civil matter.' 0 * Law Reform Commission of Canada. This article does not necessarily reflect the Commission's views. 1 Cavanaugh, Civil Liberties and the Criminal Contempt Power. 19 CRIM. L.Q. 349, at 361 (1977). 2 Watkins, The Enforcement of Conjrmity to Law Through Contempt Proceed- ings, 5 OSGOODE HALL L.J. 125, at 139 (1967). 3 Speech by The Honourable Mark MacGuigan, Lawyers' Club of Toronto Meeting, 9 Jan. 1984. 4 See Coveney, Contempt of Court: Bulvark of Freedom or Lynch-Pin of Tyranny?, 13 WESTERN ONT. L. REV.
    [Show full text]
  • Note on Parliamentary Inquiries Into Judicial Activities
    Warsaw, 30 October 2020 Note-Nr.: JUD-BiH/389/2020 [AlC] NOTE ON PARLIAMENTARY INQUIRIES INTO JUDICIAL ACTIVITIES BOSNIA AND HERZEGOVINA This Note has benefited from contributions made by Dr. Marta Achler, Centre for Judicial Co-operation of the European University Institute, Italy; Professor Laurent Pech, Head of the Law and Politics Department, Middlesex University London and Professor of European Law; and Professor Jens Woelk, Professor of Comparative and Constitutional Law, University of Trento, Italy. It was developed in consultation with, and with inputs from, the OSCE Mission to Bosnia and Herzegovina. OSCE Office for Democratic Institutions and Human Rights Ul. Miodowa 10, PL-00-251 Warsaw Office: +48 22 520 06 00, Fax: +48 22 520 0605 www.legislationline.org EXECUTIVE SUMMARY Parliamentary committees of inquiry (PCIs), when established and undertaken in accordance with existing law and good practices, represent an important tool in the functioning of a healthy democracy. Where such inquiries examine the work of the judicial branch, they should adhere to established rules that preserve the separation of powers and uphold the independence of the judiciary. In spite of the wide existence of legislation across the OSCE region governing the establishment and procedure of PCIs – including in Bosnia and Herzegovina (BiH) – few have clearly established guidelines for the work of an inquiry into the judicial branch. While the rules and practices that exist across the OSCE region vary in some respects, the comparative study of the jurisdictions examined in this Note reveals that any PCI looking into the judiciary must carefully balance the public interest and the general mandate of the Parliament on the one hand, and the separation of powers and the independence of the judiciary on the other.
    [Show full text]
  • Legal Research Foundation Media Law Seminar – the New Contempt
    FINAL VERSION LEGAL RESEARCH FOUNDATION MEDIA LAW SEMINAR – THE NEW CONTEMPT LEGISLATION WEDNESDAY 15 MAY 2019, PULLMAN HOTEL, PRINCES STREET, AUCKLAND Douglas White President Law Commission INTRODUCTION 1. Mr President, Justice Simon Moore, Mr Director, Andrew Brown QC, and members. Thank you for the opportunity to participate in this Legal Research Foundation Media Law Seminar. 2. My specific topic is the new contempt legislation. 3. The seminar is timely because the Justice Committee of Parliament reported back to Parliament on 5 April 2019 recommending that the Administration of Justice (Reform of Contempt of Court) Bill be passed with the amendments shown in the Bill attached to the Committee’s Report.1 4. The next step in the legislative process will be the second reading of the Bill. No date for the second reading has been fixed yet. Once the Bill has been given its second reading it will be referred to the Committee of the whole House when further changes may be made before being given its third reading. 1 Administration of Justice (Reform of Contempt of Court) Bill 2018 (39-2) (select committee report) at 1. 1 FINAL VERSION 5. The Bill, which is to be renamed the Contempt of Court Bill, codifies in statute significant parts of the common law of contempt. In particular, it covers: a. publication contempt; b. disruptive behaviour in the courtroom; c. juror contempt; d. enforcement of court orders; and e. allegations or accusations about Judges or courts. 6. The Bill follows the Law Commission’s 2017 Report – Reforming the Law of Contempt of Court: A Modern Statute Ko Te Whakahou I Te Ture Mō Te Whawhati Tikanga Ki Te Kōti: He Ture Ao Hou.2 The Report included a Bill drafted by Parliamentary Counsel.
    [Show full text]
  • IN the SUPREME COURT of PAKISTAN (Appellate Jurisdiction)
    IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) Present: Mr. Justice Mushir Alam Mr. Justice Mazhar Alam Khan Miankhel Mr. Justice Syed Mansoor Ali Shah Civil Appeals No.621 to 624 of 2019 (on appeal from the judgment of High Court of Sindh, Sukkar Bench dated 03.06.2016, passed in Const.P.424, 425, 1626 & 1627 of 2016) National Accountability Bureau thr. its Chairman, Islamabad (in all cases) ...….Appellants Versus Shabbir Ahmed Malik & others (in C.A.621 & 623 of 2019) Abdul Ghaffar Kalwar & others (in C.A.622 & 624 of 2019) …….Respondents For the appellants: Mr. Imran ul Haq, Addl. PG NAB Mr. Ahmed Nawaz Chaudhry, AOR For respondent No.1: Mr. Aftab Alam Yasir, ASC Syed Rifaqat Hussain Shah, AOR (in C.A.621 & 623 of 2019) Nemo. (in C.A.622 & 624 of 2019) Dates of hearing: 07th & 8th January, 2020. JUDGEMENT Syed Mansoor Ali Shah, J. – These appeals raise a specific legal question: whether default of payment under a Voluntary Return (“VR”) settlement vitiates the settlement, resulting in initiation of further proceedings by the National Accountability Bureau (“NAB”) against a holder of public office or any other person under the National Accountability Ordinance, 1999 (“Ordinance”) or whether NAB can recourse to section 33E of the Ordinance to recover the amount of VR as arrears of land revenue? 2. Brief facts are that the respondents were Food Inspectors who, at the time, also held the charge of the Wheat Procurement Centre in District Jacobabad. During the inquiry C.A.No.621/2019 etc 2 initiated by the NAB against the respondents on the basis of an alleged misappropriation of wheat bags causing loss to the national exchequer, the respondents voluntarily came forward to settle the matter by offering VR under section 25(a) of the Ordinance, of the gains acquired through the said misappropriation.
    [Show full text]
  • Guidance for Promoting Judicial Independence and Impartiality
    OFFICE OF DEMOCRACY AND GOVERNANCE ...promoting the transition to and consolidation of democratic regimes throughout the world. GUIDANCE FOR PROMOTING JUDICIAL INDEPENDENCE AND IMPARTIALITY Revised Edition January 2002 Technical Publication Series Office of Democracy and Governance Bureau for Democracy, Conflict, and Humanitarian Assistance U.S. Agency for International Development Washington, DC 20523-3100 TO ORDER THIS DOCUMENT FROM THE DEVELOPMENT EXPERIENCE CLEARINGHOUSE: · Please reference the document title (Guidance for Promoting Judicial Independence and Impartiality Revised Edition) and document identification number (PN-ACM-007). · USAID employees, USAID contractors overseas, and USAID sponsored organizations overseas may order documents at no charge. · Universities, research centers, government offices, and other institutions located in developing countries may order up to five titles at no charge. · All other institutions and individuals may purchase documents. Do not send payment. When applicable, reproduction and postage costs will be billed. Fax orders to (703) 351-4039 Attn: USAID Development Experience Clearinghouse (DEC) E-mail orders to [email protected] ABOUT THE TECHNICAL PUBLICATION SERIES The USAID Office of Democracy and Governance Technical Publication Series was launched in March 1998. The series includes publications intended principally for USAID personnel; however, all persons interested in the sector may benefit from the series. Authors of individual publications may be USAID officials and/or other individuals from the public and private sector. The Office of Democracy and Governance reserves the right to review and edit all publications for content and format and all are subject to a broad USAID review process. The series is intended in part to indicate best practices, lessons learned, and guidelines for practitioner consideration.
    [Show full text]
  • The Rule of Res Sub Judice (Section 10)
    Global Journal of Transformation in Law, Human Rights and Social Justice Vol. 4, Issue 1 – 2020 ISSN: 2581-4001 The Rule of Res Sub Judice (Section 10) Gagan Chaudhary1, Prof. Dr. Komal Audicya1 1L.L.M (Criminal Law), Jaipur National University, Jaipur. Introduction With an enormous number of pending cases, the Indian legal executive is overburdened and faces a distinct absence of assets. In a circumstance like this, when two suits emerging out of similar issues between similar gatherings are brought under the steady gaze of the courts, there will undoubtedly be wastage of assets and negligible prosecution. The main area of the piece characterizes and clarifies the convention and afterward the remainder of the article is committed to looking at certain particular parts of the hypothesis of res sub judice which is isolated into five unequivocal segments. At long last, we look past the regulation itself so as to obviously comprehend the degree of its application1 The tenet of res sub judice depends on open strategy which intends to limit an offended party to one case and to forestall the chance of two conflicting decisions by indeed the very same court in regard of the equivalent relief.2 The convention has two targets, one is to keep courts of simultaneous locale from at the same time attempting two equal suits between similar gatherings identifying with same issue in issue. Second is to dodge the clashing choices of two skillful courts over a similar issue and furthermore to spare the hour of the court where resulting suit is initiated in a similar issue.
    [Show full text]
  • In the Supreme Court of Pakistan (Original Jurisdiction)
    IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ MR. JUSTICE UMAR ATA BANDIAL MR. JUSTICE IJAZ UL AHSAN SUO MOTU CASE NO.28 OF 2018 (Regarding Discussion in TV Talk Show with regard to a Sub-judice Matter) In attendance: Mr. Sohail Mehmood, DAG Mr. Faisal Fareed Hussain, ASC a/w Mr. Arshad Sharif in person. Mr. Faisal Siddiqui, ASC (For PBA) Mr. Saleem Baig, Chairman PEMRA Date of hearing: 12.9.2018 JUDGMENT MIAN SAQIB NISAR, CJ.- While conducting a talk show titled ‘Power Play’ on 28.08.2018 on ARY News, the anchor Mr. Arshad Sharif made certain comments and raised queries about a matter pending adjudication before this Court. Despite the fact that the panelists on the show repeatedly advised him that his comments may amount to encroachment upon the proceedings before this Court, Mr. Sharif insisted that the Chief Justice of Pakistan should call him before the Court in order for him to point out the contradictions in the affidavit filed by Former President, Mr. Asif Ali Zardari, and to further respond to his queries. In the above background, this Court initiated the instant suo motu proceedings against Mr. Arshad Sharif. A summary/excerpt of this program is reproduced below (as provided in pages 3 to 6 of the main paperbook):- SUO MOTU CASE NO.28 OF 2018 -: 2 :- SUO MOTU CASE NO.28 OF 2018 -: 3 :- SUO MOTU CASE NO.28 OF 2018 -: 4 :- Notice was issued to Mr. Sharif vide order dated 29.08.2018 to explain his position in this regard, particularly considering the fact that the content of his show could potentially cause prejudice to a matter sub judice before this Court, not only in the minds of the public at large but also the Bench seized of the matter.
    [Show full text]