News
Saturday, July 28, 2012
New contempt law is to save a person: SC* CJP says there must be a rationale for promulgation of a new law
* Democratic system in country should continue
* MPs should not consider themselves masters
By Hasnaat Malik
ISLAMABAD: While hearing 26 petitions against the Contempt of Court Act 2012, the Supreme Court (SC) on Friday observed that the law was meant to save a person.
A five-member bench, headed by Chief Justice of Pakistan (CJP) Iftikhar Chaudhry, is hearing the petitions.
The CJP said that there must be a rationale for the promulgation of a new law, adding that if public office holders were above the law, then no one would respect it. Justice Chaudhry said further the new law was a replication of the Contempt of Court Act 1976, barring a few clauses. He said, “A person whom Allah has given honour should show more respect to the court orders. Due to the new law, dignity and respect of the court will be lowered and the court judgements will be paper decree.”
He said that the constitution had kept the nation united. He said that the country’s democratic system should continue, adding that with the passage of time all faults from the system would be removed.
He also said the lawmakers had taken oath under the constitution, adding that they should legislate keeping the constitution’s fundamentals under consideration.
Justice Jawwad S Khawaja said the people who produced the country’s unanimous constitution were visionaries, but dictators distorted it.
He praised former premier Zulfikar Ali Bhutto (ZAB) and said that whenever he read the constitution, respect for ZAB increased in his heart.He said had parliament discussed the contempt of court law thoroughly these issues would not have arisen. Justice Khawaja said that lawmakers were also public servants as the people paid them so they should not consider themselves masters.
Justice Tassaduq Hussain Jilani said Article 204 of the constitution did not give immunity to anyone against contempt of court. The provision of the constitution could not be amended under any subordinate law, he added.
Earlier, counsel Raja Afrasiab argued that parliament, with a simple majority, could not redefine the contempt of court mentioned in Article204. He said Article 204 of the constitution read that the court could punish ‘any person’ for committing contempt of court, adding that all citizens were equal before the law and there was no discrimination or immunity for people under this article. The court adjourned the hearing until Monday.
Courtesy www.dailytimes.com.pk