Mazari vs Asif: Court issues preadmission notices to Sadiq, three ministers

PTI MNA has appealed verdict in case filed over alleged insult

ISLAMABAD: The Islamabad High Court issued preadmission notices to respondents named in the intra-court appeal of Pakistan Tehreek-e-Insaf MNA Dr Shireen Mazari. She is seeking the Islamabad High Court’s intervention to create an exception in Article 69 and reinterpret its provision for the protection of women on the floor of the National Assembly.

A division bench of Justice Shaukat Aziz Siddqui and Justice Mohsin Akhtar Kayani issued notices to the respondents.

While challenging a single bench order, Dr Mazari, through her counsel Barrister Shoaib Razzaq, filed an ICA, seeking reinterpretation of the law. She linked it to Federal Minister for Defence Khawaja Asif’s derogatory remarks against her during a session of the lower house in June.

Earlier, Justice Athar Minallah dismissed her petition, which sought the disqualification of the defence minister over his remarks.

Mazari named the federation a respondent through Minister for Law and Justice Zahid Hamid, Minister for Defence and Water & Power Khawaja Asif, Speaker of the National Assembly Ayaz Sadiq and the Ministry of Parliamentary Affairs through federal minister Sheikh Aftab Ahmed.

Razzaq stated that Asif, while pointing towards Mazari, made an insulting comment when she and other lawmakers were protesting against his speech on load-shedding during Ramazan.

“The impugned remarks were a malicious attempt to harass and intimidate the appellant and impede her from scrutinising the law,” he stated. He added that Mazari’s fundamental rights had been violated and no effective relief was provided to her.

The counsel said Asif made derogatory remarks against the petitioner and this was seen by millions on television. The footage is still available on certain social media forums.

He claimed the remarks were criminal in nature as Asif defamation of Mazari falls under Section 500 of the Pakistan Penal Code, 1860. The counsel stressed that the minister verbally harassed the MNA, which created a hostile working environment and thus violated the Protection Against Harassment of Women at the Workplace Act.

“We have rights for women in every corner of the law. We have created special provisions, statuses and even reserved seats for them in the assembly. Ironically, the same women who vehemently fought for the Protection Against Harassment of Women at the Workplace Act, 2010 were failed by the archaic interpretation and implementation of Article 69.”

Razzaq continued that the purpose of parliamentary privilege under Article 69 (Courts not inquiring into proceedings of Parliament) of the Constitution is to enable parliamentarians to go about their business. However, the defence minister’s comments were personal and criminal in nature and should not be sheltered by Article 69.

In the petition, he argued the petitioner does not want to unintentionally challenge the sanctity of parliament or become a hindrance to legislatures when it comes to their work. Mazari has requested the court to create an exception in Article 69 and reinterpret its provision for the protection of women on the floor.

Published in The Express Tribune, November 3^rd, 2016.