Contempt of court act: ‘Who says there will be a crisis if contempt act struck down?’
Chief Justice Iftikhar Muhammad Chaudhry on Thursday rubbished murmurs of a constitutional crisis if the new contempt law was struck down by the apex court.
On Wednesday, the court had asked Abdul Shakoor Piracha, counsel for the federation, to produce the record of parliament’s relevant proceedings on the contempt of court act to see the time consumed in debate. On Thursday, the chief justice, while heading a five-judge bench hearing 27 identical petitions challenging the contentious law, heard speeches given by parliamentarians, in favour and against, the contempt of court act, during parliamentary proceedings.
A petitioner in the case, President Lahore High Court Bar Rawalpindi Division Advocate Ahsanuddin Sheikh, discussed speeches given by Senators Haji Adeel and Azam Khan Hoti of the Awami National Party (ANP) in which they had censured the judiciary and the chief justice in particular.
“The judiciary is strengthening parliament while parliament is pulling legs of the judiciary,” contended Sheikh. Sheikh went on to add that there was fear, outside the courtroom, of a constitutional crisis if the new contempt law was struck down by the apex court.
“Who says that nullifying this law will create a crisis,” the chief justice replied to the petitioner, adding that the court was not bothered with anything that was taking place outside the court.
“We don’t decide on what is said outside. What happens outside the court’s doors does not bother us,” the chief justice said.
Meanwhile, Justice Jawwad S Khawaja observed that though the proceedings of parliament could not be challenged due to Article-69 of the Constitution, certain clauses could be sent back by the court to parliament for a review.
During proceedings, Sheikh also said that the contempt of court act was passed in haste by the government, adding that members of parliament deviated from their oath by passing the law as the government was to submit its reply in the NRO implementation case on July 12.
“The law was passed to protect Prime Minister Raja Pervaiz Ashraf,” said Sheikh, who is one of over 20 petitioners in this case, which challenges the new contempt act that, among other things, provides immunity to the prime minister and other high public office holders from contempt proceedings. The new contempt law was bulldozed through both houses of parliament shortly after Prime Minister Raja Pervaiz Ashraf took office and was sent notices by the apex court to implement its orders on the National Reconciliation Ordinance (NRO) case. The same case saw Yousaf Raza Gilani disqualified from premiership and membership of the National Assembly for contempt.
The matter has been was adjourned till Friday (today).
The Supreme Court has already shot down the government’s plea for forming a full bench on the matter, as well as a request for adjourning the hearing for a longer period of time to allow its counsels to prepare their arguments.
Published in The Express Tribune, July 27th, 2012.
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@Max: Max brother, please do not comment so blithely. The SC does care and is steadfast in it's foothold of the law. This is the reason Pakistani politicians have a stomach ache and continue bad mouthing the SC, because never before has the apex court caught them where it hurts the most. Salams and have a nice day.
Judiciary has no reason to dig the background how the act has been passed. Once it is passed by the Parliament the only thing that can be examined is that it is within the ambit of Constitution. . If the act has been passed in haste let the opposition political parties/ other institutions criticize the enactment. Let the public punish them in the next election but interference in the work of Parliament is against the constitution and democracy ( all pillars of democracy must remain independent) Court can not (and should not) function as executive body of the nation even if the there corrupt politicians. corruptions has to be fought socially/politically/otherwise.
I think CJ alone can not handle these problem of our so called elite corruption,he has to punish,and for punishment he needs proof , which is always very difficult to collect.
Common people are always pushed around by the law and by the politician,Pakistan need law abiding citizen .Parliament and the people sitting in are selected by most of ignorant or illiterate awam.example bye election of Multan.
They have no facility on solid ground,necessities are out of reach,life and fabric of society are damaged,if you go to Multan you easily can judge what is there for common man.If a common man doesn't care when he has the right to vote and select parliamentarian of course he will have the same fate waiting for him,no electric,no gas no basic facility,no education,no medical treatment.We do not have to blame only PPP, N league is also equally responsible for this We need a tough & honest democratic leader these two and Q league are all not trustworthy. A person for our society who can rule must have a character of Hajaj ben Yousuf...
Even before listening to the opposite side, they are talking of striking down the law...isnt it a conflict of interest that the court is even hearing such a petetion during a time when it is at direct confrontation with govt and one PM has already been sent home illegally..striking down such a law at this stage will be considered Mala fide.....
It would be same like if there is no SC there would be no crisis ?
@Logic Europe: agreed with u on the point "not concerned what goes outside the court", only when read in isolation. it makes complete sense considering the events, rationale and intentions of the "prime minister and other high public office holders"
Unfortunately we have reached a point where dishonesty and cheating has become norm and acceptable in our society. Personal and party gains have become more important than the country. If CJ is trying to do what is expected of in a civilized society people are critising the CJ and not the tainted President. We have lost the sense of right or wrong. There is a thing called personal integrity, whereby one will never side with the wrong, this is lacking in our people.
Whether immunity or no immunity let's condition our minds where wrong is wrong in all circumstances and therefore not acceptable. Let's not waste our time in unnecessary arguments and discussions the President has immunity or not.
What's the point of requesting the time it was discussed? Regardless of what it implies they don't have some required time set. and wow... I think I just saw the silliest claim of the year. "We don’t decide on what is said outside. What happens outside the court’s doors does not bother us,” the chief justice said." Most of their time is spent complaining about what people say outside the courtroom. They're even complaining about things said outside the courtroom in this very article. Their speeches to the media outside the courtroom is almost entirely made up of references towards things said outside the courtroom. A number of contempt charges are from things spoken outside the courtroom. It could go on and on and on...
Good Work from CJ and SC It is a bad law and needs to be struck down.
Pseudo head of state. Offer him premier post of care taker set up, he'll tender his resign from current seat and accept the post, the only way left to safe the country.
@faraz anwar: There will be no kapra, roti or makan when those who you elected to provide them are busy looting your money and storing them in Swiss accounts. CJ is trying to get your money back. Trying to implement law so there is no corruption.
SC's new motto: "What, me worry?"
Excellent show Chief Justice, Sir. The Contempt of Court Act was passed with extraordinary haste and without any conscious discussions. The sycophantic Parliament voted it in with unusual haste that would even put to shame our PAF pilots on 'high alert.'
Sir, never mind if ten Prime Ministers are sent home in the time legally left for this government. Why? Because Pakistanis after sixty-five years must learn the value of laws that control all modes of a state and the activities permitted to its citizens.
Crisis? What crisis? There will be no crisis at all. The crisis will only be in the mouths of the self-seeking politicians and in the raucous TV talk shows, where no sensible talk is made and only the cackle and screeching of politicians is heard.
The common man is with you Sir, and the army can always be called in to support the decisions of the Supreme Court.
Salams
@Logic Europe: Justice in not just blind, it is dumb especially in PCO SC. Regards, Mirza
One thing is for sure-this Chief justice is a great entertainer!! I love reading Pakistan news very often these days and a big factor is this man. He churns out one controversy after another each day. Also, i like the fact that the judiciary pokes its nose in every single incident happening around the country. I think people prefer going directly to Supreme Court in Pakistan instead of their local courts.I wonder how this CJ has so much time to hear so many cases (most of which are contempt of court). He for sure is a one man demolishing machine..
@Logic Europe: Nice try, but we all know you're trying to distort the facts here. The public will welcome the contempt of court act being struck down, and all jiyalas (PPP/PML-N alike) will know the Pakistani public is not withouth a voice. Get used to it!
@Logic Europe: Not fully blind just one eyed.
CJ is saying nothing gonna happen. But for last 4 years, we have seen only crisis and giving this government an opportunity to say "We we kept busy so we can't resolve public' problem at large"
Dear CJ, Please understand, our problem is not Contempt, NRO, etc. our basic problems are still there Roti, Kapra, Makan with basic utilities like water, gas and electricity.
Respectable CJ, please listen to equally respectable justices around the world- a commoner may be wrong in his/her apprehensions but the rspectable and learned members of judicial fraternity all around the world are also now discussing the "dos and don'ts" of superior judiciary's way of conducting business in a democratic society.
SC, whatever decision you do, please do it fast.
These 'above-the-law' types are enjoying free everything on tax-payers money in their offices. If they are not worthy of the offices and since this new contempt law clearly shows that the top leaders want Laws for the poor only (and want themselves above the law), please do something!
Pakistan is not in a position to bear these corrupt goons for another 8 months.
justice is blind, no doubt
Bravo, speak like a genral who is about to be defeated..If he is not concerned what goes outside the court then why is he looking into what went in the parliament ? What crises ? he is right, no big deal .He will deal with it like he dealt with the treason committed by Musharaf ,he will take oath of allegiance with a new army chief and will hope for forgiveness ! sad to see a chief justice become a chief politician