News
Wednesday, January 23, 2013
Court seeks assurance from Zardari on leaving politics* LHC agrees to drop contempt proceeding if assured in writing that no political activity will take place in Presidency
Staff Report
LAHORE: A full bench of the Lahore High Court postponed until February 6 hearing of a contempt petition against President Asif Ali Zardari with remarks that proceeding on the contempt of court petition could be dropped if a written statement is submitted in the court that president would not hold political activities in his office.
The federal government’s counsel, Wasim Sajjad, stated before a full bench comprising Chief Justice Umar Ata Bandial, Justice Nasir Saeed Sheikh, Justice Sheikh Najamul Hassan, Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah, that in its order of May 2011 the court had observed that no violation has been found and did not pass any order, but expected from the president to quit political activities. The chief justice, who is heading the bench, asked Sajjad to give a statement on behalf of the president that he would not continue political activities, after which the bench would drop proceedings in the matter.
The government’s counsel replied that the court should first decide whether the matter attracts contempt of court proceedings or not, then he would think about it. Chief Justice Bandial observed that keeping in view the dignity of the office of the president, the court has kept this case at the initial stage despite a passage of several months. The bench again asked Sajjad to submit such a statement if he wanted to get these proceedings dropped against the president. The counsel sought time, saying that he needed considerable time, as it was not easy to contact the president.
The bench then deferred further hearing. It also observed that the court was not going to summon the president in person before the court, as he is the president of the country, but would instead summon his counsel. The court observed that this issue was of public interest and the court was continuing with this matter in the interest of the public.
Earlier, Wasim Sajjad said that Article 248 provides complete protection to the office of the president. He said according to sub section 2 of this article, no criminal proceedings, whatsoever, shall be instituted or continued against the president or a governor in any court during his term of office. He said that since the president enjoyed constitutional immunity from prosecution during his tenure in the office, a contempt petition against him should not be entertained. He said that not only such proceedings cannot be initiated against the president, all such proceedings initiated against the person prior to holding this office must be suspended during his time in office.
On a query that according to Article 204 (2) of the constitution a court shall have power to punish any person who obstructs the process of the court in any way or disobeys any order of the court, Wasim Sajjad replied that there was a certain method to interpret the constitution as one article of the constitution does not nullify the other article. He said special article will prevail over the general article of the constitution.
The court remarked that contempt of court does not mean punishing the respondent but to bring it to his notice that he is at fault. Wasim Sajjad said that there were five high courts in the country where no political party, no bar council, no medical council or any other organisation brought this matter before the court and only a person from Lahore had brought the matter in the LHC.Courtesy www.dailytimes.com.pk