ISLAMABAD: The Supreme Court on Thursday issued a show-cause notice to Mirza Iftikhar-ud-Din, for hurling threats at Justice Qazi Faez Isa, and maligning the judiciary.
A two-member bench headed by Chief Justice Gulzar Ahmed, and comprising Justice Ijazul Ahsan, heard the suo moto case, and directed the authorities to produce Iftikharud Din before the court on the next date (July 15).
Counter-Terrorism Wing of the Federal Investigative Agency (FIA) has registered a case against Iftikharud Din under 7ATA read with Section 34/500/505/506 of the Pakistan Penal Code, 1860, besides Section 20 of the Prevention of Electronic Crimes Act, 2016, on June 29, 2020.
The bench expressing dissatisfaction over Iftikharud Din's affidavit for seeking an unconditional apology. It directed him to file a reply in response to a show-cause notice, issued under the Contempt of Court Ordinance 2003, and explain why he should not be punished under Section 5 of the Ordinance.
Sarkar Abbas, who appeared on behalf of the alleged contemnor, told the court that an affidavit regarding an unconditional apology on behalf of her client had been submitted. She repeatedly requested the bench to pardon him.
Justice Ijaz asked her whether or not she had herself heard the language used in the video clip.
He said there were instances where apologies were submitted but it was upto the Supreme Court to accept an apology or not. This is also a criminal act under the Pakistan Penal Code and the Anti-Terrorism Act, 1997, he added.
"Tendering an apology is not enough as this is non-compoundable act and an apology itself is the accept of contempt," he added.
Sarkar Abbas said making of the video was not in Mirza Iftikhar's knowledge. Justice Ijaz noted that Mirza Iftikhar made a statement in front of six to seven worshippers.
He told the counsel that she must not take this issue casually as they could convict him and send him to jail for six months.
The chief justice noted that it was a pre-planned act on the part of the alleged contemnor as the video was professionally edited. Justice Ijaz said according to the FIA report, Mirza has been running a YouTube channel and operating a Facebook account since 2017.
The Attorney General for Pakistan, Khalid Jawed, said in the instance case, there was admission by the "contemnor".
"If we see the transcript it reflects that this is not a spur of the moment statement," he added.
"It is very well crafted and the video made professionally as photographs of two journalists, and two prominent politicians - one former president and other of ex-PM - is shown in the video," he added.
The AGP said not only the judiciary was maligned but the institution was also damaged.
He said that at 7am in the morning the "contemnor" complained of chest pain. Therefore, he was taken to PIMS and where doctors conducted tests. However, his ECG was normal.
The court issued a show-cause notice to Mirza Iftikhar, and adjourned the hearing until July 15.
Copyright Business Recorder, 2020
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