News
Thursday, August 02, 2012
How can SC spare second PM in same matter, questions CJP* Court says new law states common man should be sent to jail for contempt but a prime minister has immunity
By Hasnaat Malik
ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry observed that one premier was disqualified over non-implementation of the NRO verdict, so how could the incumbent prime minister be spared in the same matter. He asked the federation’s counsel whether he wanted the court to spare the incumbent PM for not implementing its order.
A five-judge bench of the apex court, headed by Justice Iftikhar, is hearing 27 identical petitions challenging the Contempt of Court Act, 2012.
The Supreme Court observed that parliamentarians have conditional freedom of speech under Article 19 of the constitution and if a parliamentarian commits contempt of court, the National Assembly speaker or Senate chairman is bound to refer the matter to the Election Commission of Pakistan regarding his disqualification.
The court said the new contempt law was discriminatory as it says the common man should be sent to jail for contempt of court but gives immunity to the prime minister. The chief justice said the constitution did not state that those holding public offices would be immune to prosecution in contempt of court cases. He questioned whether the court could ignore a person who abuses the judiciary and later on says he had done so in good faith.
Federation’s lawyer Abdul Shakoor said parliament has the right to legislate regarding contempt of court. He said the court could not declare parliament’s step mala fide as that would be tantamount to rejecting the people’s will.
Courtesy www.dailytimes.com.pk