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.
“While 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 Ahsanuddin, 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 while 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,” Ahsanuddin 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 Ahsanuddin, 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.
