SC rejects Nehal Hashmi’s written reply

'To treat unconditional apology as plead guilty is tantamount to contempt of his [Justice Khosa] own court' reply...

 ISLAMABAD  :  

The apex court has rejected a reply submitted by the Pakistan Muslim League-Nawaz (PML-N)’s disqualified senator Nehal Hashmi in a second contempt of court case against him and decided to frame charges against him for abusing the judges after his release from jail earlier this month.

The Supreme Court’s three-judge bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, will now indict Hashmi on March 26. The former senator will be the third PML-N leader to be indicted for allegedly using derogatory language against the judiciary.

Hashmi, who was disqualified and awarded a one-month imprisonment by the top court in January for his threatening speech made against the judiciary last year, was summoned again after a video of him surfaced in which he was heard using abusive language against the judges after his release from jail.



 

During the previous hearing, the video was played in the courtroom. Hashmi had first regretted his words and then apologised to the court. “I was stressed out and felt disoriented. I never uttered those words for the judges. I am ashamed [of my behaviour],” he had told the bench. The bench, however, rejected his verbal apology and indicated that licence for his law practice could be cancelled.

In his written reply on Monday, Nehal Hashmi, however, did not tender an apology and said parts of the speech that he had given were misconstrued by the media and posted on different platforms. “It is regret[ed] to say that this [Hashmi’s earlier] conviction is against all laws, morals and ethics of this country,” his reply read.

“To treat an ‘unconditional apology’ under the inducement of Honourable Judges of the Honourable Court and thereafter treated as a ‘plead guilty’ and later to use the same as ground for conviction, it is tantamount to a contempt of his [Justice Khosa] own court,” it further added.

The reply also contested the CJP’s remarks during the last hearing. When asked why Hashmi’s law license shouldn’t be cancelled, the respondent had said it was the source of ‘rozi’ [bread and butter] for his children.



The CJP had then commented: “Is ka bandobasht bhi woh hi karey ga jis ke liye naaray lagatey ho [the bread and butter will be arranged by the one for whom you shout slogans]”.

The reply said: “The same judge [the CJP] has made [up] his mind against Hashmi,” adding that Hashmi in his video statement did not name any judge nor mentioned any court.

“Nor he knows where the appeals of such persons are pending. It was only a chit-chat with friends of legal fraternity. The respondent only reproduced the words of prisoners who are abusing the system including him and it cannot be used as piece of evidence,” it said.

Appearing before the bench, Hashmi on Monday referred to a recent incident when the top judge apologised for his remarks on women, as an argument to justify his apology. However, a member of the bench Justice Ijaz ul Ahsan, said: “You are maligning the apex court of the country.”

The bench observed that Hashmi’s reply was not satisfactory. The CJP said that exemplary judgments will be issued by the apex court.  The bench also observed that the matter regarding the cancellation of his practice licence will be considered on the next date of hearing.