SC rejects Talal Chaudhry's appeal against contempt conviction

Justice Nisar terms Talal's statement urging ousting of PCO judges as 'biggest contempt of court'

ISLAMABAD: The Supreme Court on Tuesday rejected Pakistan Muslim League-Nawaz (PML-N) leader Talal Chaudhry’s appeal against his conviction in the contempt of court case.

Talal was convicted for delivering contemptuous speeches against the superior court judges. He was also disqualified to contest elections for five years in view of his conviction in the contempt case.

His appeal was heard by a five-member larger bench headed by Chief Justice of Pakistan. During the hearing, the top judge wondered why the federal government had not filed for enhancement of Talal’s convictions.

Justice Nisar termed the former minister’s comment urging PML-N supremo Nawaz Sharif to oust judges who took oath under the Provisional Constitutional Order (PCO) from the apex court, as the “biggest contempt of court”.

Talal, however, did not tender an apology in the contempt case.



The verdict

In August, the top court found him guilty of “contempt of court within the meaning of Article 204 of the Constitution read with Section 3 of the Contempt of Court Ordinance, 2003 and made himself liable for punishment.”

He was convicted and sentenced under Sections 3 and 5 of the Ordinance, 2003 and punished with imprisonment till the rising of the Court with fine of Rs.100,000.

“The alleged contemnor in his two speeches has not only abused the judges of this court but has scandalised the court and did everything to bring the court into hatred, ridicule and contempt, which is substantially detrimental to the administration of justice and scandalizes the Court and tends to bring the Court and judges of the Court into hatred and ridicule,” read the court order.

Although the apex court noted that it was "undeniable that every citizen has been conferred the right of freedom of speech and expression and such right has been conferred in Article 19 of the Constitution, which is one of the fundamental right provided in Para-II of the Constitution", however it stressed that that "such freedom of speech and expression given to every citizen has been made subject to reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with the foreign states, public order, decency or morality, or in relation to contempt of Court, [commission of] or incitement of an offence.

Talal was the third PML-N leader to be found in contempt of court in ongoing year. The other two leaders included: Nehal Hashmi and Daniyal Aziz.