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Public office holders not immune to prosecution for contempt: CJ
Although lawmaking is parliament’s job, interpretation of laws an authority court possesses, says Justice Khawaja.
Although lawmaking is parliament’s job, interpretation of those laws an authority court possesses, says Justice Khawaja. PHOTO: FILE
ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry, while hearing petitions against the new contempt law, said that those holding public offices could be prosecuted if they were to commit contempt of court, Dawn.com reported on Wednesday.
As the hearing resumed, the federation’s counsel Abdul Shakoor Paracha continued his arguments, saying that as per the Constitution, conducting contempt of court proceedings was a matter for the judiciary.
Stating that he would base his arguments on the existing law, Paracha said that the parliament could grant immunity to anyone and could also legislate on the subject of immunity, in the light of which, the court could not declare the parliament’s actions “mala fide”.
Justice Jawwad S Khawaja commented that although lawmaking was the parliament’s job, interpretation of those laws was an authority the court possessed.
A petitioner’s lawyer enquired how issues not mentioned in the Constitution would be dealt with, to which Justice Jilani replied saying that the law should reflect the gist of the Constitution.
“We respect the parliament but a law cannot be made by simple majority,” said Justice Jilani.
In response, the federation’s counsel said that the parliament’s authority to legislate could not be taken away from it.
The chief justice, replying to this statement, said that those holding public offices were not immune from prosecution in instances where they may commit contempt of court.
Earlier, in the previous hearing, the federation’s counsel had admitted in front of the Supreme Court that the Contempt of Court Law 2012 could have been aimed at saving newly-appointed Prime Minister Raja Pervaiz Ashraf.
Reader Comments (14)
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Can you hear that? I think the whole world is laughing at us.
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In other words PPP’s government passed bill “contempt of court” has been stricken out by Supreme Court and now PM Raja Pervez Ashraf has to be mentally prepared to face any types of circumstances………..Recommend
Yes the Presdient, the parliamentarians, public office holders, the Prime minister, business tycoons are all within the reach of law and contempt the only people outside this reach are the judges and their sons and families.
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Thank god, at least someone is still speaking sense in this country.
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The Executive and the Judiciary instead of standing side by side are standing in front of each other.
One can expect that in such circumstances military coup is also possible in Pakistan at any time.
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If the people of Pakistan are sovereign then their popularly elected representatives have supremacy over all other organs of the state, anyone who wishes to deny this is violative of our constitution. All violators of our constitution must be tried for treason by a high powered commision appointed by our elected parliament.
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It is news that a law cannot be made by simple majority. Any way, when a constitition amendement (18th) can be repealed (partly) by court, which was by 2/3rd majority, what a poor law can do. Best thing is that court should itself make laws. It will save a lot of time and money. This money thus saved can be given to Arsalan because of his father’s honesty.
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There is no immunity for anyone, even the immunity for President can be challenged as per Islamic law, which is an integral part of the 1973 constitution. Decisions should be taken on merit, irrespective of one’s position, its high time for SC to act upon it on a fast track to avoid any further hindrance in the way of pure justice. As far as military is concerned, well I’m 100% sure they will not come into power but instead support the political process which does not undermine the security & well being of Pakistan, if they have to remove this Govt they will do so but by staying in the background of all drama.
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The law is drafted to save some one who looks like an APE from surrounding of Rawalpindi
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If for arguments sake we accept the argument of State counsel; means that all those holding public offices are allowed to defy court orders, redicule the court…all under the garb of exercising official work…& the court shall not be able to hold them in contempt bcz of immunity…? is this what ” Insaf ” is all about where according to Shariah ” none are abv law “….than in that case even an ordinary person can claim immunity against contempt of court….is this not his right as per constitution…? which means that the new law of contempt is ” discriminatory “.Recommend
yeah we enjoy democracy due to the millions of ghost votes !!! jeay Butho
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@Caramelized_Onion:
Sense or nonsense? :)
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sick and tired of this CJ.
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i believe we still live in the world of throne/kingdoms, wish to give all powers & immunity to the king (president) & his court (Ministers/yes man) the authority of corruption & high handedness. some powerful/corrupt love to influence Judiciary to work under there whelms & their evil desires.
Please respect Islam’s supremacy of judiciary over the ruling junta, & this also spirit of democracy. we have lost a lot by suppressing judiciary and can not afford more.Recommend