The federation’s counsel admitted in front of the Supreme Court on Tuesday that the Contempt of Court Law 2012 could have been aimed at saving the skin of newly-appointed Prime Minister Raja Pervaiz Ashraf – thereby conceding an important point of contention against the new law: it violates the concept of equality as a person-specific law.
“Yes, this could be a motive,” the counsel for the federation, Abdul Shakoor Paracha, shockingly acknowledged while responding to Justice Khilji Arif Hussain’s no-nonsense question: “(Are you saying) the new law has been introduced to save the prime minister?”
The apex court was questioning over two dozen petitioners about the legal status of the contempt law when Paracha conceded a possible ulterior motive. Since the law was passed, the government has never admitted that the purpose of the legislation was to save the incumbent premier from disqualification.
“Everything (regarding the law) is known and I will not hide anything or lie just because the federation has engaged me as a counsel,” Paracha told the court. But the counsel was also quick to add, “Democratic institutions will not become strong if democratic prime ministers are sent home.”
Federation’s arguments
The government’s counsel didn’t seem to make much of an impression on the court.
While managing to agree on a possible political motive behind the law, Paracha and the court did not see eye to eye on much else. Chief Justice Iftikhar Muhammad Chaudhry observed that the court was not fond of disqualifying prime ministers.
When Paracha pointed to the National Reconciliation Ordinance (NRO) implementation case and the disqualification of one prime minister already, Justice Jawwad S Khawaja observed, “… No this is not the case, [the government] has passed a new law in three minutes.”
Paracha then argued that insisting on the implementation of the NRO judgment was not conducive. “Corruption will not end in one day. Fresh elections are around the corner and things will get better after some time,” he added, to which the chief justice curtly responded: “We have nothing to do with elections.”
The federation’s counsel then took a different tack, arguing that every institution should perform its own role, but the chief justice was quick to respond to this as well: “It is [the government’s] duty to take steps to strengthen democracy whereas it is our duty to interpret law. It is not our job to deal with load-shedding.”
Paracha himself had acknowledged earlier during proceedings that state institutions had failed to deliver, to which Justice Mian Shakirullah Jan observed, “The mere resignation of the chief executive is not enough when state organs fail to deliver; he should be held accountable.”
Referring to the lack of a precedent, Paracha argued that none of the petitioners were aggrieved by the new law, and had only challenged it on the basis of mere apprehensions. There was not a single case in which the court had exercised its jurisdiction on the basis of apprehensions, he added.
The federation’s counsel further requested that the apex court refer the matter to the high courts. Justice Khawaja declined, saying that to do so would merely open a “new Pandora’s box”. Paracha also said that all the petitioners had failed to establish how the new law violates Article 2A of the Constitution and Islamic law.
The chief justice remained unconvinced, saying that the new law had violated the concept of equality in Islam, adding that this had been argued by several petitioners.
Published in The Express Tribune, August 1st, 2012.
COMMENTS (7)
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The Supreme Court of Pakistan has to decide on one point and only one point while ignoring everybody's argument and that is whether the new contemt law is unconstitutional, period. They should not go through this re-gum rolling, it is as simple as it could be, the rest is grand standing by the petitioners and Mr.Paracha. It seems to me that under the Pakistani constitution every citizen has the equal rights but this law seems to be favoring just a few.
The courts just don't become party like this. At the end of the day, the courts should not look partisan, politicized or friends of those who leave no opportunity to embarrass the peoples' representative. You don't like the present lot; bring in new ones' through ballot not through courts.
In the long run apex court is going to lose. I'm afraid our courts are losing the respect the eyes of general public, and it seems our supreme courts judges are politically driven.
Thanks for stating the obvious. Creating laws is well within the domain of the parliament. But they current lot passed the contempt law faster than you could say 'immunity'. Why not pass a law on women's rights, or the rights of minorities, or media accountability, or god forbid, corruption with the same haste?
Look at the SC, it is taking its time and conducting itself like a proper democratic institution. That is how our democractic institutions should work. Police, NAC, PAC, ECP, I'm looking at you.
“Yes, this could be a motive” Since when are lawyers allowed to speculate without the judge chastising them for it?
Can't StateWhat’s wrong this picture? After all the laws to protect those who refuse to carry out court’s judgment to write to Swiss authorities against a person who messed wealth buy robbing poor people of Pakistan. Is the state case so week that it can’t find a counsel who can stand on his two legs in front of the Supreme Court and argue intelligently to protect the corrupt rulers?