Not maintainable: SHC dismisses contempt plea against Prime Minister Nawaz Sharif

The premier had allegedly made defamatory remarks against Karachi-based judges.

KARACHI: The Sindh High Court (SHC) dismissed an application seeking contempt proceedings against Prime Minister Nawaz Sharif for his alleged defamatory remarks about the judges based in Karachi.

Justice Sajjad Ali Shah announced the verdict reserved earlier, which pointed out that the plea is not maintainable for hearing in the high court.

Civil rights campaigner Syed Mehmood Akhtar Naqvi had taken the premier to court last October for allegedly voicing inappropriate remarks about Karachi-based judges before the media. In the application, he had pleaded the court proceed against PM Sharif for contempt.

Naqvi had referred to the remarks attributed to Sharif during the announcement of the special anti-terror force on October 10, where he was quoted as saying that the judges in Karachi were too scared to decide terrorism cases under the prevailing law and order situation.

Media reports suggested that Sharif had given such a statement referring to the murder trial of former special ATC prosecutor, Naimat Ali Randhawa, who was allegedly killed by an activist belonging to the Muttahida Qaumi Movement, Syed Kazim Abbas Rizvi.

“Prime Minister Nawaz’s remarks were tantamount to ridiculing the honourable judges and committing contempt of the honorable court,” Naqvi stated in his plea. He had pleaded the court call the entire records of the premier’s remarks and then initiate contempt proceedings against him under Article 204 of the Constitution and the Contempt of Court Ordinance 2003.

He also sought disqualification of Sharif from membership of the National Assembly, arguing that he was no more eligible to enter into the parliament’s lower house as he could not be considered righteous and sagacious after making such a false statement.

Appearing as Amicus Curiae, Advocate Abdul Qadir Halepota, argued that the premier’s statement must be examined in the context of prevailing law and order situation in Karachi. The prime minister also enjoys immunity under Article 248 of the Constitution, he said.

He further argued that the contempt plea was not maintainable for hearing as the premier’s statement did not fall within the ambit of Article 204 of the Constitution. Neither was there a violation of constitutional provisions nor were any contemptuous words used, he added.

Abdul Hafeez Lakho, also Amicus Curiae, argued that no case of defamation could be made out from the speech of the Prime Minister, which must be examined in light of the law and order situation in Karachi. “In light of the judgments given by the Supreme Court and the high courts, this petition is not maintainable for a regular hearing,” he added.

Published in The Express Tribune, July 3^rd, 2014.