Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan
The Qazi-led dispute resolution, Jirga and Panchayat forums of informal justice continue to play a significant role in Pakistan as they offer cheaper, quicker, and more culturally intelligible channels of resolving disputes where formal courts are sluggish, expensive, and physically remote. This paper discusses nature of those mechanisms as parallel alternative dispute resolution (ADR) or a constitutional issue. The mixed-method study was based on an analysis of doctrinal rights and a qualitative mapping of practice of forums, which allows determining the procedural fairness, pathways of enforcement, and impact of rights on vulnerable groups. The evidence indicates that such forums can only be considered as legitimate ADR in cases where those involved join in proceedings, which are truly voluntary, such results are not punitive and significant exit to state courts is maintained. The article suggests controlled integration by means of court-mediated integration, minimum protection and prohibition of punitive and coercive measures.
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Contempt of Court; Freedom of Expression; Pakistan; Article 19; Article 204; Proportionality; Chilling Effect
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(1) Kamran Abdullah
Lecturer, Department of Shariah and Law, Islamia college Peshawar, KP, Pakistan.
Cite this article
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APA : Abdullah, K. (2019). Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan. Global Political Review, IV(II), 86-100. https://doi.org/10.31703/gpr.2019(IV-II).09
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CHICAGO : Abdullah, Kamran. 2019. "Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan." Global Political Review, IV (II): 86-100 doi: 10.31703/gpr.2019(IV-II).09
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HARVARD : ABDULLAH, K. 2019. Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan. Global Political Review, IV, 86-100.
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MHRA : Abdullah, Kamran. 2019. "Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan." Global Political Review, IV: 86-100
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MLA : Abdullah, Kamran. "Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan." Global Political Review, IV.II (2019): 86-100 Print.
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OXFORD : Abdullah, Kamran (2019), "Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan", Global Political Review, IV (II), 86-100
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TURABIAN : Abdullah, Kamran. "Contempt of Court vs. Freedom of Expression: Redrawing the Line in Pakistan." Global Political Review IV, no. II (2019): 86-100. https://doi.org/10.31703/gpr.2019(IV-II).09
