Contempt of Court or Contempt of Constitution?
(Courtesy Pakistan State Times “pstimes.com” Friday, July 27, 2012)
Disqualification of the Prime Minister Syed Yusuf Raza Gilani was not the only case wherein the Supreme Court has violated the constitution blatantly by convicting him for disobeying an ultra-constitutional order. After the 1999 coup-de-etate it has played vital role in reinforcing the military regime by its verdict declaring the coup as a need of time & in the greater interest of the country & the nation. The Provisional Constitutional Order (PCO) itself was a violation of constitution & all PCO Judges clearly violated it at will.
On ousting of Ex-Premier Syed Yusuf Raza Gillani, Hindu Press Council of India’s Chairman and former judge of the Indian Supreme Court, Markandey Katju, said the Pakistani Supreme Court had no right to dismiss a prime minister or overrule the constitutional immunity given to the president. He regretted to say that the Pakistani Supreme Court, particularly its chief justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its chief justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence, he noted.
PPP law makers, on the other hand, by making laws against the spirit of the constitution are also violating it. The Contempt of Court Law 2012 being violation of the basic human rights is itself a Contempt of Constitution. 26 petitions have been filed in different registries of the Supreme Court and the Apex court has resumed hearing on July 23rd for the same.
The excerpt of the new law read as:
“A true averment made in good faith and temperate language for initiation of action or in the course of disciplinary proceedings against a judge, before the chief justices of the Supreme Court and high courts, the Supreme Judicial Council and the federal or provincial governments, shall not amount to contempt of court.” The clause is a clear violation of the Islamic spirit and concept of the equality. It gives people a sense of superiority or inferiority as against the will of constitution and Islam, says the petitions. It automatically has invoked the question on the Presidential Immunity also.
Pakistan Bar Council (PCB) & Lahore High Court Bar Association (LHCBA) observed Black Day on Monday, July 23rd, highlighting the ultra-constitutional clauses of the said law and believes the Supreme Courts would struck down the bill entirely, but admits also, the legality of the bill as framed by the parliament, who is responsible to make laws.
Amid this confrontation between institutions, Dr. Farooq Sattar, the parliamentary leader of MQM, has shown his concern over the clash between Executive and the Judiciary highlighting the lecture of his party’s Chief Mr. Altaf Hussain alerting the nation of the serious threats being faced by the country. Sattar asked people and the institutions, emphasising unity and solidarity as obligatory, to steer the country out of the danger by avoiding confrontation.