ISLAMABAD: The Supreme Court on Wednesday dismissed contempt petitions against former prime minister Nawaz
Sharif and federal ministers Daniyal Aziz and Khawaja Saad Rafique, and observed that every individual had the right to comment on judicial verdicts while staying within the legal parameters.
“W
hile Nawaz
Sharif’s some other comments may have crossed the boundaries, the statements highlighted in the instant petition did not disrespect judiciary,” Chief Justice Mian Saqib Nisar observed, adding that
the court did not consider the presented evidence contemptuous.
Sheikh Ah
sanuddin, a leader of former chief justice Iftikhar Chaudhry’s political party, in his petition argued that Nawaz
Sharif committed contempt during his speeches during the GT Road rally in the immediate aftermath of his disqualification in the Panama Papers case.”Nawaz
Sharif crossed all limits in his criticism of superior judiciary,” he told
the court.
CJP says w
hile Nawaz’s some comments may have crossed boundaries, statements highlighted in petition not enough for a contempt notice
The petitioner argued that according to a media report, Nawaz had said that
the court’s verdict was an insult of over 20 million citizens of
the country who had voted him to power. He alleged that the PML-N supremo had scandalised
the court’s verdict. The petitioner claimed that the PML-N leader’s statement that
the court’s decision to declare prime minister ‘incompetent’ sounded same as declaring Pakistanis incompetent was contemptuous.
Reviewing prosecution arguments, Chief Justice Mian Saqib Nisar remarked that the statements made by Nawaz
Sharif were political in nature but
the country’s constitution allowed everyone to respectfully comment on any decisions made by the judiciary. “Commenting cleanly on a court decision is the right of every citizen,” he remarked.
The CJP added that the bench did not consider
the content presented in the application enough for a contempt of court notice. “Nawaz did not cross boundaries.”
Justice Ijazul Ahsan remarked that judicial restraint should be exercised by
the courts. “There is a limit to
the court’s patience,” Ah
sanuddin argued, in response to which, Justice Ahsan stated that
the court’s level of patience was greater than that of the petitioner.
Meanwhile, contempt petitions against Saad Rafique and Daniyal Aziz were also dismissed.
Sheikh Ah
sanuddin, who filed contempt plea against Rafique, requested
the court to listen to any of the political speeches made by the federal minister. Observing that while
the court had enough moderately objectionably content, the CJP said it preferred to exercise a high degree
of restraint.
The application against Daniyal Aziz was dismissed due to withdrawal from the prosecution.
The PML-N had stepped up its criticism of the judiciary in the aftermath of Panamagate case, especially targeting the five-member bench that ousted Nawaz
Sharif.
Party leader Nehal Hashmi, who has already served a month’s sentence for a threatening and contemptuous speech, is facing another contempt case being heard by the CJP himself.
Contempt cases against state ministers Talal Chaudhry and Daniyal Aziz are also being heard by the apex court. Charges were framed against Aziz on Tuesday while Chaudhry is expected to be indicted today.
Published in Daily Times, March 15th 2018.