Earlier last week, the court had given secretary defense the option of announcing a date for holding elections in the cantonment boards. PHOTO: FILE
With local government elections becoming a stormier issue each passing day, the Supreme Court on Tuesday slapped contempt of court charges against Defence Secretary Lt Gen (retd) Asif Yasin Malik for not undertaking local government elections in cantonment areas.
Leading a three-member bench of the apex court, Chief Justice Iftikhar Muhammad Chaudhry observed that the defence secretary had committed contempt of court by not holding elections as per the court’s earlier judgments. He said that the secretary would not be spared from contempt charges.
During the hearing, Iftikhar Gilani, counsel for defence secretary, asked the court to constitute a larger bench for indictment. However, Chief Justice Chaudhry turned down the request and asked Attorney General Muneer A Malik, who is prosecutor in this case, to present evidence against defence secretary.
Malik presented two court orders as evidence. The court asked the attorney general to file, in writing, the two earlier orders of the court so that they could be made part of the court’s record. When the bench asked the defence secretary whether he plead guilty on contempt charges, the secretary replied that he was not guilty and called for a trial in the case.
Responding to the defence attorney’s citation of legal provisions for constitution of a larger bench, the chief justice remarked “We will constitute the bench once we receive a request in this regard,” the chief justice said. Gilani held that he filed a request in the court for the purpose and his request be made part of the record.
The court accepted his plea but refused to accept his request for referring the matter to another bench, saying that he should make a separate request and then the chief justice will constitute a bench subject to availability of judges. After framing charges, the court adjourned the case till November 12.
During the proceedings, defence secretary’s lawyer told the court that executive authorities were responsible for holding elections in cantonment areas. He remarked that since the secretary was not the federal government, the prosecutor could not bring charges against the defendant.
The court has served contempt of court notice to secretary defence upon his failure to hold elections in the cantonment areas where local government elections were not held during the past 15 years. The court had termed the secretary’s reply unsatisfactory and had decided to level contempt of court charges on him.
Earlier last week, the court had given secretary defence the option of announcing a date for holding elections in the cantonment boards, adding that the court will consider withdrawing the contempt notice against him. But the secretary held that he was not authorized to do so.
After hearing the case, legal experts said that defence secretary can continue his official duties till the time he is convicted. Later, while talking to reporters, the attorney general said that if the secretary was found guilty on contempt charges, the court could order detachment of his property or issue him a warning.
Published in The Express Tribune, November 6th, 2013.
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When these people don't obey the constitution and the laws of the land, then it leads the country to become lawless. How much a Supreme Court of Pakistan can rectify this trend in the elite of Pakistan, it is beyond me. I know for sure that I could not even neglect the municipal court's orders over here because it will certainly land me in the jail, these judges over here don't fool around with those who willfully ignore the law of the land. In Pakistan the laws are ignored from the top because the ruling class thinks that they are above the law and at the same time we can't ignore the pliant judiciary either. It seems the current Chief Justice is trying to rectify the ills of the country's elite. I say prosecute the Secretary regardless of him being a retired Army General, if he can't cut the mustard then he should have quit his job long time ago but it is hard to leave perks and swinging their authority over others.