Contempt consequences

AJK Prime Minister Sardar Tanveer Ilyas learned a lesson on the consequences of scandalising the judiciary, being disqualified within days of his attempt to blame the courts for causing problems in his government’s work. Ilyas had also accused the courts of overstepping the separation of powers by intervening in the affairs of the executive branch.

Some analysts feel the ruling may serve as a precursor to several other ongoing cases where politicians are accused of defaming or harassing judges, including PTI chief Imran Khan’s case over allegedly threatening a female judge and potential cases against Prime Minister Shehbaz Sharif and several other members of the ruling coalition over their recent comments on the decisions and professional conduct of Supreme Court judges. However, there are notable differences between this case and the comments made by Shehbaz or the events leading up to the disqualification of former prime minister Yousuf Raza Gillani. According to the AJK judges, Ilyas made comments about sub judice matters. As against this, Shehbaz’s criticism has mostly targeted decisions and conduct, and Gillani was convicted of failing to comply with court orders. Imran, on the other hand, is accused of threatening a judge.

This makes clear that despite the similarities, the cases are unique, and the AJK court verdict should thus not be taken as hints towards how completely different courts will rule on significantly different matters. But the sentencing — till the rising of the court — has again activated some critics who believe such a sentence punishes voters rather than the guilty party. The court had said “the dignity and authority of the courts was on stake” and that “nobody could be allowed to undermine it”. It also noted that Ilyas had a “previous track record” of making “objectionable, unbecoming and improper” statements. Critics, somewhat fairly, believe that effectively sacking a government by dismissing the premier, rather than a harsher penalty on the individual actually responsible, is in itself deserving of higher scrutiny.

Published in The Express Tribune, April 13^th, 2023.

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