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Sunday, July 08, 2012
PPP legal experts divided over contempt law draftBy Hasnaat Malik
ISLAMABAD: The Pakistan People’s Party (PPP) legal experts are divided over the finalisation of the proposed new contempt law as some have suggested the Law Ministry to remove ambiguities from the draft before tabling it before parliament.
The sources told Daily Times that senior PPP lawyers have expressed reservations over few clauses of the proposed Contempt of Court Act 2012, which might be struck down by the judiciary in future.
It has been learnt that one section of the PPP’s legal wing had also objected to the language of the proposed draft prepared by the Law Ministry. They also objected to a clause that contempt of court would not apply if a public-office holder exercises power for which he enjoys constitutional immunity under Article 248(1) of the constitution.
The sources said that a senior law officer also expressed apprehension that the court might strike down the new proposed clause on the basis of its discriminatory nature in view of several articles of the constitution.
“Why are we allowing the court to review Article 248 of the constitution through this new contempt law,” a senior PPP lawyer questioned. He said that the Law Ministry should be aware of the mindset of the judiciary before finalising the new contempt of court law. It is to be noted that besides protecting powers and performance of public-office holders mentioned in Article 248 of the constitution, which include the president, the prime minister, governors, chief ministers, federal and state ministers, the proposed act also shields ‘any authority’ against the contempt charges. One of its clauses read, as “remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential” shall not amount to contempt of court.
Active lawyer Faisal Chaudhry said that keeping in view of the prevailing situation, there was a need to devise a new contempt law in the light of Article 204 of the constitution because there are two views regarding the existence of contempt law in the country. He said that the government, through its attorney general, had taken this stance in the court. He urged the government that all the ambiguities should be removed from the draft. Supreme Court Bar Association Secretary General Aslam Zar said that there was no doubt that contempt law was being misused but the government should have to be rational. Senior lawyer Akram Chaudhry said that giving protection to the president and others was discriminatory and against the concept of equality and spirit of the constitution.
He said he would certainly challenge the contempt law and the constitutional amendment if passed by parliament for having been enacted to benefit a specific class of people against the constitution.
Contempt cases against parliamentarians and others remained dominant in the Supreme Court, rather proceedings against politicians are increasing day by day, he said.
Meanwhile, renowned lawyer Tariq Mahmood also agreed that use of contempt power practically by the court could not enforce integrity and respect of the courts, as it would further raise questions on the judiciary, which had been witnessed in Babar Awan case. He also said that the PPP is expressing mistrust over the judiciary by not filing appeal against the former PM’s conviction, which is dangerous trend for independence of the judiciary.
Courtesy www.dailytimes.com.pk