News
Wednesday, August 01, 2012
New contempt law made to protect second PM, SC told* Federation’s counsel tells court ‘no law is made in isolation’
* CJP says new law violates principle of equity and equality
Staff Report
ISLAMABAD: The federation’s counsel on Tuesday acknowledged before the Supreme Court that Contempt of Court Act 2012 was promulgated to protect Prime Minister Raja Pervez Ashraf from disqualification.
To a question about protecting the new PM, the counsel said, “This can be a motive. Everybody knows laws are not made in isolation.”
At the beginning of the hearing, Abdul Shakoor Paracha contended that the petitions filed against the new contempt law were based on speculations and apprehensions. He said further the petitioners had failed to identify which Islamic injunction was violated through enactment of the new contempt of court law.
Paracha also said that all petitions were non-maintainable as provisions of the new law did not violate anyone’s fundamental rights. He said that institutions would not be strengthened by sending democratic premiers home.
Chief Justice of Pakistan (CJP) Iftikhar Chaudhry observed that the new legislation violated the principle of equity and equality, adding that Prophet Muhammad (PBUH) had categorically declared that even his daughter Fatima Zahra (SA) was not above the law.
Expressing concern over non-implementation of articles 9, 24 and 25, he asked the government to ensure enforcement of the relevant provisions of the constitution in order to protect life and property of the people.
The CJP observed that legislation was parliament’s job and under the constitution the SC had the right to interpret the law during adjudication of any matter placed before it.
Paracha requested the bench to refer all petitions to the high court. He said the high courts would decide whether fundamental rights of the petitioners were violated or not. To which Justice Jawwad S Khawaja asked, “Are you telling us that the Supreme Court has no jurisdiction to hear the matter?”
Paracha contended that there was an ongoing trend to get remedy from courts on issues that were not the court’s prerogative, which was harming the judiciary’s sovereignty.
Referring to the NRO implementation case, the federation’s counsel said that it was not viable for the government to implement the judgement of the court. He contended further that someone had to remain as the country’s premier.
The bench adjourned the hearing until Wednesday (today).
Courtesy www.dailytimes.com.pk