A contempt petition urging the court to restrain Dr Faqir Hussain to exercise powers as the Supreme Court registrar for his alleged partisan moves in the contempt case against Prime Minister Syed Yousaf Raza Gilani was filed Monday. The petition was filed by Shahid Orakzai under Article 204 (contempt of court law) of the Constitution making the Supreme Court Registrar Dr Faqir Hussain respondent.
The petitioner prayed the court to immediately restrain Dr Hussain to exercise powers as registrar and instruct him to freeze his contact with his subordinates until a ruling delivered on the instant petition. He said if Dr Hussain was allowed to exercise powers as registrar under the Supreme Court Rules and maintain contact with his subordinates, he could attempt to influence the trial of prime minister.
Orakzai urged the court to immediately initiate proceedings against Registrar and direct its office to fix the pending petition against Attorney General Maulvi Anwarul Haq to ensure a fair trial of the prime minister. He requested the court to instruct its office to give due priority to cases being purposely delayed by the registrar.
He alleged the registrar was playing with the integrity and credibility of the apex court due to his biasness in certain cases, particularly in the contempt case against the prime minister. "Whether under the constitution and the Supreme Court Rules, a petition for fair trial under Article 10A can be returned on the grounds that it was not filed by the person under trial," Orakzai asked. He also questioned whether an officer of the apex court could obstruct its process. He said the respondent (registrar) was an enemy of justice, equality and impartiality for which the constitution established the apex court.
He alleged he was misusing his powers for his much "disguised" objectives. He requested the court to take note into a petition filed by him on February 14, 2012 pointing out that attorney general was an appointee and subordinate of the prime minister, thus the court should replace him with a person who was not a constitutional subordinate, so that the ongoing criminal trial of the prime minister could be conducted fairly and strictly in accordance with the constitution, the law and the Rules 7 to 11 of the Supreme Court Rules.
Orakzai sated the registrar, instead of placing his petition before the court or even a judge in chambers under Order XXV Rule 6 or seeking instructions from the court as required under that Rule, returned the petition through his subordinate with vile objections, which was indicative of his biasness. He said by denying a hearing, the respondent seemed hell bent to make sure that the trial of the prime minister be thoroughly unfair.
He said the registrar knows well that the incumbent attorney general has been appearing for the federation in the case and he has never acknowledged the contempt. He stated that the registrar is also aware that previous Attorney General Anwar Mansoor Khan, tendered his resignation because of his difference of opinion with the federal government but the present attorney general has never ever taken such a view.
He said despite knowing that the attorney general has an exclusive 'right of audience in all courts in Pakistan' under Article 100, the registrar refused to make him (Orakzai) a respondent and literally doubled his advantage against other citizens. He said the restriction on entry and audience was total negation of a court and no closed building or premises could be called a court. He said any officer mentioned in Order III of SC Rules shall not discriminate between entrants into the court. He said the open door principle of the Supreme Court is upheld in the proviso to Rule 9 of Order XXV wherein any person can oppose a petition filed for the enforcement of a fundamental right.
He said at a time when the Supreme Court has already charge sheeted the prime minister and the people of Pakistan are eagerly awaiting the outcome of the trial, "the registrar seems to convert a slip into a permanent law and rule of practice." He said the registrar has attempted to 'obstruct the process of the court" in terms of sub-clause (a) of clause (2) of Article 204 and as laid down in Section 3 of the Contempt of Court Ordinance, 2003. "This act tends to bring the court into hatred, ridicule and contempt in terms of sub-Clause (b) of Clause (2) of Article 204 and as laid down in Section 3 and Section 11 of the Contempt of Court Ordinance, 2003 as well as Rule 7 of Order XXV", Orakzai submitted.
He said this act of the respondent visibly tends to prejudice the pending trial of the prime minister and is to be penalised under of sub-Clause (c) of Clause (2) of Article 204 and as elaborated in Section 3 of the Contempt of Court Ordinance, 2003. The petitioner apprehended that his criminal petition might be returned as well. He said to enforce complete justice in terms of Article 187, the court should take some preventive measures to restrain the registrar from any further contempt of the process of the court.
According to him, the registrar is diametrically opposed to Pakistan People's Party and, on the other hand, his favouritism of Pakistan Muslim League (Nawaz) is evident from the cause list. "This petitioner would, through the record of the Supreme Court, show how he systematically defers critical cases which can upset the PML-N," Orakzai stated.