A day after it sailed through the National Assembly, the Contempt of Court Bill 2012 was challenged in the apex court.
The proposed law was challenged by Advocate Siddique Khan Baloch who made the federation, through the ministry of law, justice and parliamentary affairs, a respondent.
Describing the bill as ‘another National Reconciliation Ordinance (NRO)’, the petitioner said it would only serve to protect certain important people in the country.
The bill stipulates exemption from court trail for the president, the prime minister, the provincial chief ministers, federal and provincial ministers and governors on contempt of court charges.
The underlying objective of the bill is to obstruct the implementation of law and lawful orders by the courts and to pave the way for a slow death of the accountability process, according to the petitioner.
He said that the new bill curtailed independence of the judiciary and violated the spirit of constitutional provisions.
The petitioner maintained that the bill, if passed into law, would delay contempt proceedings and frustrate the constitutional provision of article 2-A, 4,5,25,175, 203,204 and 248 of the Constitution of Pakistan.
Requesting the apex court to declare the bill unconstitutional, the petitioner said, “The Contempt of Court Bill/Law 2012 passed by the National Assembly was ultra vires to the Constitution and against article 8 of the Constitution.”
PTI reaction
Pakistan Tehreek-e-Insaf Chairman Imran Khan, meanwhile, hoped the apex court will strike down the new bill.
“We hope the Supreme Court will strike down the contempt of court amendment bill, 2012,” Khan told a news conference in Islamabad on Monday.
The 1973 Constitution guarantees equal rights to all Pakistanis, so the ruling clique doesn’t have the right to introduce any amendment to the existing laws which would undermine the spirit of the Constitution, said Imran.
Published in The Express Tribune, July 11th, 2012.
COMMENTS (14)
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@ JM:
No sir, nothing has been discredited yet. Except that the PCO judges have effectively roared everyone into silence. The so-called interview was not impromptu just like the rest of the interviews in Pakistan, that proves nothing!
Nation is sleeping and PPP and their partners are busy to prolong their totalitarian government. They are doing this just for saving the skin of the PM.
What is going on in the country, I am ashamed of being a Pakistani. We are a nation of simpletons. Our so called rulers are cutting our throats and we are watching with open eyes. May God save us for what is coming next. All this is for just one man who has no courage to prove he is innocent.
@Mirza: @Khalq e Khuda:
Please note that it is a petition filed by a citizen of Pakistan. Supreme Court did not take the 'Suo Moto' notice. Your dislike/bias against the current judiciary; which was restored by the heroic efforts of the lawyers, civil society, media, and political parties; is well known through your comments. I wonder what kind of people are those who oppose the courts for their trying to stop the plunder and illegal acts of the democratic (read royal demagogue) government.
Now the government has determined to oppose the Supreme Court and its decisions.......
This time PCO judges will face the music if go for expedition.
The fact is this bill will pave the way for the total collapse of the justice system in Pakistan and exponentially increase corruption which is already touching to skies. Let's suppose there is a dispute between a foreign investor with some ministry and the court rules in favor of the investor. However, the relevant minister refuses to address the grievances of the investor as this bill allows him to do so with impunity. Now either the investor grease the palms of the minister to implement the court orders or forget his claims. In other scenario, a local contractor seeks justice through court because one govt. department is holding his due bills. Court orders the department to make the payment, but the minister refuse to make the payment. Under the provisions of this law, the contractor cannot go back to court for implementing the court orders. He either give the minister some percentage of the payment or forget the whole amount as there is no other recourse. The fact is, nobody will go to courts in case of a problem with any govt. office, because they know the courts would not be able implement their orders, rather they will just give bribes because that would be the only way to get their work done.
This law is all-in-one solution for the PPP government. No matter what are decisions/orders of the courts regarding holding two offices of Zardari, or writing a letter to Swiss court, or nullifying the NRO, or illegal appointments or transfers, or disqualification of members of parliament, or conviction of a PPP leader in corruption cases, or anything else that does not suite PPP, they can just ignore the court order without any fear and impunity. In fact this law is worse than martial law. Even in martial law, court orders are obeyed, but this law absolves the imperial rulers of any such liability.
This bill allows the President, Governors, PM, CM's, Federal and Provincial Ministers to ignore at will any court orders including Supreme Court of Pakistan with impunity. The people have been deprived of their last resort of getting justice against any misdeeds committed by any government officials as the relevant minister can overrule the court orders without any fear of punishment. The revenge of democracy upon people seems to have no bounds.
@Mirza and @Khalq e Khuda, wake-up. The government is all wrong with this ordinance. There is "NO ONE ABOVE LAW" and Arslan case you are mentioning is all fabricated and has been already proven. Malik Riaz is a tout of the President.
@Khalq e Khuda: I thought there would have been huge roar from public against this bill. But it is sad to see the otherwise.
@Khalq e Khuda: Are you part of the ruling elite?
@Khalq e Khuda: I agree with you 100%. The bill is only one third the ways and it has to be approved by the senate and signed by the president to become law of the land. Yet the PCO has been waiting to ambush the parliament yet another time. Currently there are discussions and consultations going on about this bill in the senate and the PCO SC wants to stifle the debate and the rights of the parliament to legislate. How quick they are to pounce on the PPP and elected govt and to dilute crown prince Arsalan's case? Thanks for being honest and regards, Mirza
It is mind boggling how Supreme Court going all out against the Constitution. The bill is not a law yet as it is yet to be passed in the Senate. The registrar thus cannot accept such a petition until the President has given assent to the bill.
Down with PCO judges!