LHC draws red line between fair criticism, judicial smear

Cautions that no individual subjected to victimisation or retaliatory action during the process

The Lahore High Court on Friday drew a clear distinction between permissible criticism of judicial decisions and campaigns aimed at maligning judges, ruling that while fair critique to correct errors is allowed, attempts to question judges’ integrity or undermine public confidence in the judiciary will not be tolerated.

During earlier proceedings in a related matter, the Lahore High Court had observed that while fair criticism of judicial decisions is permissible, any attempt to malign judges or undermine public confidence in the judiciary cannot be allowed.

The court had termed organised campaigns aimed at eroding judicial independence as intolerable, while also cautioning authorities against victimisation or retaliatory action during enforcement.

Read: Judges' maligning campaign challenged

Justice Ali Zia Bajwa made the observations in a four-page written order on a petition filed by Advocate Parvez Elahi, who challenged the circulation of allegedly defamatory and inappropriate content targeting judges of the superior judiciary on social media.

The court held that any organised effort to erode the independence and authority of the courts was “intolerable,” adding that although the Constitution guarantees freedom of expression to citizens and the media, this right is subject to reasonable restrictions imposed by law.

Directing all law enforcement agencies to act strictly in accordance with the law against those involved in defaming the judiciary, the court cautioned that no individual should be subjected to victimisation or retaliatory action during the process.

During the proceedings, the Pakistan Telecommunication Authority (PTA) informed the court that serious efforts were underway to remove anti-judiciary content from social media platforms. The authority said it was coordinating with relevant law enforcement agencies and that contemptuous material was being taken down.

Read More: LHC orders block on judges' smear content

The court also noted that the Director General of the National Cyber Crime Investigation Agency (NCCIA) had submitted a report identifying individuals involved in the alleged campaign. According to the report, suspects linked to the dissemination of contemptuous content have been arrested.

The hearing was adjourned until January 22.