Bar vs bench: LHCBA condemns ‘abuse’ of contempt law
‘Contempt law is meant to get court orders implemented, not protect courts’ dignity’.
The LHCBA passed a six-point resolution which condemned the use of the law 'to usurp the right of freedom of expression'. PHOTO: FILE
LAHORE:
The Lahore High Court Bar Association (LHCBA) has condemned the use of the contempt of court law by judges to silence criticism and decided to set up a ‘contempt of bar’ committee to identify and act against judges who misbehave with lawyers.
The bar adopted a resolution against the use of the contempt law and also held a seminar on the matter titled ‘Freedom of expression and contempt laws’ on Saturday. The speakers at the seminar said that the contempt law should only be used when court orders were not being implemented, not as a tool to silence dissenters.
LHCBA President Abid Saqi said the bar association would set up a five-member committee to look into cases of judicial misconduct. The bar would launch a campaign of protests against judges found to have misbehaved. Lawyers would lock the courtrooms of these judges and not allow them to conduct proceedings, he said.
Former Supreme Court Bar Association (SCBA) president Ali Ahmed Kurd said that when lawyers were protesting for judicial independence, they burned several judgements but were never held in contempt. He said lawyers had fought hard to restore the judiciary, some even laying down their lives, but now the judges were seeking to restrict lawyers’ freedom.
Kurd asked why the chief justice of Pakistan had not taken suo motu action against the killings and arson in Balochistan when he had been informed of these. The judiciary is not as strong as it is pretending to be, he concluded. He held Chief Justice of Pakistan Iftikahr Muhammad Chaudhry responsible for the chaos in the province.
He said that only in Pakistan did judges issue contempt notices over minor criticism. In other countries, people had the right to freedom of expression, which included criticism of judgements.
Chaudhry Aitzaz Ahsan, another former SCBA president, said that once issued, judgements were public property that could be criticised by anyone. He noted that Nawaz Sharif had not been issued a contempt notice when, in 1997-98, he had publicly threatened to kick out judges who supported the PPP.
Dr Khalid Ranjha, Yasin Azad, Farooq Amjad Mir, Ehsan Wain, Ayaz Mir, Matiullah Jan and Balochistan Supreme Court Bar Association President Abdullah Kakar also attended the seminar.
Bar resolution
The LHCBA unanimously passed a six-point resolution which condemned the use of the contempt law “to usurp the right of freedom of expression”. The bar demanded immediate deletion of sections of the law allowing judges to issue contempt of court notices in order to protect the court’s dignity. The law should only be invoked to get court orders implemented, the resolution stated. The courts should protect their dignity through their verdicts rather than the contempt law, it said.
The resolution also stated that the lawyers’ movement had not aimed to help a single judge, but had been directed against a dictator and the cause of building an independent and impartial judicial system.
This effort would continue, it said. The bar also supported the Balochistan High Court Bar Association’s position on the appointment of judges to the BHC.
Published in The Express Tribune, August 25th, 2013.
The Lahore High Court Bar Association (LHCBA) has condemned the use of the contempt of court law by judges to silence criticism and decided to set up a ‘contempt of bar’ committee to identify and act against judges who misbehave with lawyers.
The bar adopted a resolution against the use of the contempt law and also held a seminar on the matter titled ‘Freedom of expression and contempt laws’ on Saturday. The speakers at the seminar said that the contempt law should only be used when court orders were not being implemented, not as a tool to silence dissenters.
LHCBA President Abid Saqi said the bar association would set up a five-member committee to look into cases of judicial misconduct. The bar would launch a campaign of protests against judges found to have misbehaved. Lawyers would lock the courtrooms of these judges and not allow them to conduct proceedings, he said.
Former Supreme Court Bar Association (SCBA) president Ali Ahmed Kurd said that when lawyers were protesting for judicial independence, they burned several judgements but were never held in contempt. He said lawyers had fought hard to restore the judiciary, some even laying down their lives, but now the judges were seeking to restrict lawyers’ freedom.
Kurd asked why the chief justice of Pakistan had not taken suo motu action against the killings and arson in Balochistan when he had been informed of these. The judiciary is not as strong as it is pretending to be, he concluded. He held Chief Justice of Pakistan Iftikahr Muhammad Chaudhry responsible for the chaos in the province.
He said that only in Pakistan did judges issue contempt notices over minor criticism. In other countries, people had the right to freedom of expression, which included criticism of judgements.
Chaudhry Aitzaz Ahsan, another former SCBA president, said that once issued, judgements were public property that could be criticised by anyone. He noted that Nawaz Sharif had not been issued a contempt notice when, in 1997-98, he had publicly threatened to kick out judges who supported the PPP.
Dr Khalid Ranjha, Yasin Azad, Farooq Amjad Mir, Ehsan Wain, Ayaz Mir, Matiullah Jan and Balochistan Supreme Court Bar Association President Abdullah Kakar also attended the seminar.
Bar resolution
The LHCBA unanimously passed a six-point resolution which condemned the use of the contempt law “to usurp the right of freedom of expression”. The bar demanded immediate deletion of sections of the law allowing judges to issue contempt of court notices in order to protect the court’s dignity. The law should only be invoked to get court orders implemented, the resolution stated. The courts should protect their dignity through their verdicts rather than the contempt law, it said.
The resolution also stated that the lawyers’ movement had not aimed to help a single judge, but had been directed against a dictator and the cause of building an independent and impartial judicial system.
This effort would continue, it said. The bar also supported the Balochistan High Court Bar Association’s position on the appointment of judges to the BHC.
Published in The Express Tribune, August 25th, 2013.