Public office holders not immune to prosecution; says Chief Justice
Wednesday, August 1st, 2012 2:47:36 by Faisal Farooq
Chief Justice Iftikhar Muhammad Chaudhry on Wednesday said that those holding public offices could not immune to prosecution if they were to commit contempt of court.
A five-judge bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing of identical petitions against the recently passed new Contempt of Court Act 2012.
The federation’s counsel Abdul Shakoor Paracha continued his arguments in today’s hearing, saying that as per the constitution, conducting contempt of court proceedings was a matter for the judiciary.
He said that he would base his arguments on the existing law, adding that the parliament could grant immunity to anyone and could also legislate on the subject of immunity. He quoted Article 204 of the Constitution, saying the court could not declare parliament’s actions mala fide in any way.
Justice Jilani said the law should reflect the essence of the Constitution, adding that they respect the parliament but a law couldn’t be made by simple majority.
In reply to this, the counsel for federation said that the parliament had the authority to legislate and that this right could not be taken away from it.
Justice Jawwad S Khawaja during the course of hearing remarked that although lawmaking was the parliament’s job, interpretation of those laws was an authority the court possessed.
He further said that certain clauses in the contempt laws of 1976 and 2012 were similar, adding that the parliament was still working under limitations as it could not interfere in the legislation done by provinces.
Earlier, in the previous hearing, the federation’s counsel had admitted in front of the Supreme Court that the Contempt of Court Law 2012 could have been aimed at saving newly-appointed Prime Minister Raja Pervaiz Ashraf.
The contempt of court law had been hurriedly passed by the ruling government in a bid to protect the incumbent prime minister from facing the same fate as his predecessor.
The law exempts “holders of public office” from the mischief of contempt in “exercise of powers and performance of functions” and allows for suspension of a sentence during the pendency of an appeal.
Tags: Abdul Shakoor Paracha, Chief Justice Iftikhar Muhammad Chaudhry, Contempt of Court Act 2012, Justice Jawwad S. Khawaja, Justice Jilani, Prime Minister Raja Pervaiz Ashraf, Supreme CourtShort URL: https://www.newspakistan.pk/?p=30106
Posted by Faisal Farooq
on Aug 1 2012. Filed under Latest News, National, Pakistan.
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That’s great thanks for sharing with us, always latest news for us I really thankful to you…….
that’s great…..
The chief justice of Pakistan and his group of judges should also find ways to make themselves accountable . Not only should the make themselves accountable but they should also make their family accountable for their actions.There are judges at the district and high court levels in KPK province and the Punjab Province who have hatched and registered fake and bogus cases against individuals in their own home towns to deprive other inhabitants of their own home town of their rights and to ousted them from their hometown . These action continue despites several complaints along with irreubutable evidence submitted to the so called high offices of the so called the cheif of the justice Mr. Iftikhar Chaudhary . These complaints against the judges of the high court and lower courts of KPK, and Punjab were never investigated transparently and impartially and to add insult to an injury directions were passed by the judges of the supreme court to the high court judges and cjs to kill and supress every complainant against the judges of the high court and district courts. Who is going to make the cj and other judges of the high court and district couts of the KPK and Punjab province accountable??? No doubt CJ of pakistan is keen to resist and reject the recent legislation passed by the parliament. Several complaints along with concrete evidence are filed against Justice ijaz afzal , Justice Tariq pervez , justice shahjehan khan and several other judges of the high court and the supereme court of Pakistan but to no avail . The question which should be humiliating for cj of Pakistan and the people of Pakistan is why the silence of the CJ pakistan on the rogue and criminal elements in the pakistan judiciary? Why is law not applicable to the judges and lawyers and why is it applicable to the civilians?? Justice Dost mohd Khan was also charged in a murder case and he is the chief justice of KPK? Why?? What about the activities of the son of Justice Dost Mohd Khan?? I have video recorded evidence of the criminal activities of the son of Justice Dost Mohd Khan ? What does the CJ of Pakistan has to say about it? Obviously nothing because his own son is Dr. Iftikhar is criminal. Several judges of the lower courts and the high court of KPK and Punjab province are abetting the criminals and extremists , intolerant elements in the rural , urban and peri-urban areas of the province and making millions but iftikhar chaudhary is blind to that? why??