PBC urges SC to declare contempt law null, void

KHUDAYAR MOHLA

ISLAMABAD: Pakistan Bar Council (PBC) on Monday urged the court to declare the new contempt of court law null and void. 

A five-judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawad S Khawaja and Justice Tassadduq Hussain Jilani, was hearing as many as 27 identical petitions against Contempt of Court Act, 2012.

All the petitioners finalised their arguments. Federation’s counsel Shakoor Piracha sought two days’ time, but the bench directed him to deliver arguments on Tuesday (today).

Dispelling the impression that the debate over the legislative process of new contempt of court law was inappropriate, Chief Justice Iftikhar Muhammad Chaudhry clarified that both the treasury and the opposition benches had done their job well.

However, the CJP added the ongoing debate over the law ought to be taken ‘positively’ which would strengthen the democratic system in the country. According to him, it is a normal practice in Europe and the US.

“The apex lawyers’ body [PBC] in the country has submitted an imperative pray to declare the new contempt of court law null and void but it must be understood that democratic process would not weaken due to the matter in hand,” the Chief Justice remarked.

The counsel for PBC, Latif Afridi, submitted that there was no confrontation between Parliament and Supreme Court. He urged the court to declare the new contempt of court law null and void because “it is violative of the Constitution of Pakistan.”

One of the petitioners, Shahid Orakzai, contended that the new contempt law would have to be read in conjunction with the constitution, adding that the law had endangered the constitution instead of enhancing respect for the courts.

Orakzai said that word ‘ridicule’ had been excluded from the new contempt of court law saying that when a person became a judge, he must be respected. He further contended that the constitution did not grant immunity to anyone. The Chief Justice Iftikhar remarked that if the court decides against a party, that party later became judiciary’s enemy.

Former Justice Nasira Iqbal, representing a petitioner, said that new contempt of court law was ultra vires “Act 204 (2) of the Constitution,” adding that the timing of the enactment and haste in which the new law was passed “smacks of mala fide.”

Mehmood Bhatti, a counsel for another petitioner, pleaded that there should not be intra-court appeal for a show cause notice in the new contempt of court law, saying that the object of the appeal was to prolong the litigation process.

The court adjourned hearing of the case till July 31.