SC resumes hearing of petitions against contempt law

ISLAMABAD: The Supreme Court of Pakistan (SC) resumed hearing of various identical petitions challenging the Contempt of Court Act 2012 Wednesday, Geo News reported.

A five-judge bench of the apex court comprising Justice Iftikhar Muhammad Chaudhry, Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawad S Khawaja and Justice Tassadduq Hussain Jilani was hearing the petitions against the law.

During today’s proceedings, the lawyers representing the petitioners in the case continued their arguments against the contempt law. Abdul Rehman Siddiqui Advocate argued that the Parliament cannot legislate a law against the fundamental rights. In the new law, the executive was given the authority over judiciary despite the fact that the judiciary’s role cannot be diminished in any case.

On Tuesday, Chief Justice Iftikhar Muhammad Chaudhry observed that the new Contempt of Court Act 2012 seemed to be against the delivery of justice while the earlier law was intended to ensure the implementation of court orders.

During proceedings, the CJ remarked that the contempt of court law was an important tool in the hands of judiciary to make sure its orders were implemented. Expressing his dismay, the Chief Justice termed the practice of changing laws in haste as an incorrect effort.

The CJ said Section 4 has been added in the Act so that the punishment could no longer remain effective, adding that it seemed as if this was a mistake on the part of the draftsman.

Petitioner Liaqat Qureshi Advocate and other petitioners, including Mehmoodul Hassan, President Karachi Bar Association, represented by Hamid Khan, as well as Ashraf Gujjar also delivered their arguments in the case.

Liaqat Qureshi Advocate said that the required debate and deliberation was not done before the enactment of the new contempt law.

Declaring the new Contempt of Court Act a replication of the 1976 contempt of court law except a new clause regarding the president, prime minister, governors, chief ministers and other ministers exempted from contempt of court proceedings, Hamid Khan contended that Section 4 of Contempt of Court Act was an attempt to make the court’s decisions ineffective and was in contradiction of Article 189 of the Constitution.

He added that the Act was presented and approved in haste, adding that the Act’s structure was also against the provisions of the Constitution. Hamid Khan further said that the new Contempt of Court Act 2012 meant to usurp the independence of the judiciary.