The Supreme Court has issued contempt of court show-cause notices to Senator Faisal Vawda and MNA Mustafa Kamal over their allegedly derogatory speeches against the judiciary.
A three-judge bench of the court, headed by Chief Justice of Pakistan Qazi Faez Isa and including Justice Irfan Saadat and Justice Naeem Akhtar Afghan, took up a suo motu case on Faisal Vawda's press conference of May 15 wherein he took a jibe at the judges who alleged interference in judicial matters. The additional attorney general appeared before the bench.
The Supreme Court adjourned the contempt of court suo motu hearing till June 5.
Contempt notices were issued to both politicians following their press conferences on May 15 and 16, respectively. The court has demanded responses from Vawda and Kamal within two weeks, and has also sought records of their press conferences from the Pakistan Electronic Media Regulatory Authority (Pemra).
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In retrospect, the court decreed, there had been contempt of court, and summoned both Vawda and Kamal. CJP Isa emphasized that the comments made by the two leaders appeared to undermine the dignity of the judiciary. "We continued to show restraint, but there is a limit," he asserted.
"I have taken oath under the Constitution, have you ever heard an insult from me against parliament? Parliament is supreme," the chief justice remarked.
He further said that if anyone had any problems, they should file an application, asking to be criticized by name. He stressed not to put the entire blame on him.
The court stated that everyone had freedom of expression under Article 19, but in this case, pending before the court were. The press conferences concerned were published in newspapers and televised, it added.
The hearing
Chief Justice Isa issued strong remarks during the hearing, expressing concern over the attacks on judicial institutions. He stated, "This is an institution of the people, and you are trying to lower its dignity. This court has also granted constitutional approval to martial laws."
He reiterated that criticism should be directed at individuals, not institutions, and condemned the sweeping generalisations made by the politicians. "Criticise personalities, why criticise institutions?" he questioned, adding that if an MNA is wrong, the entire parliament could not be deemed wrong. "Don't attack everything, you are destroying the institution."
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Justice Isa also pointed out the destructive nature of their comments, stating, "Perhaps we do not need an enemy from outside. If you have a problem with me, address me directly, why talk about my colleagues?"
He stressed the importance of constructive criticism and urged the leaders to refrain from making baseless attacks. "What is the need to shout and create a drama? Do constructive criticism," he advised.
Addressing specific allegations
The CJP remarked that Faisal Vawda and Mustafa Kamal were both lawmakers, they should have spoken in parliament. "Why was the press club chosen to make such comments. Judges' conduct cannot be discussed even in parliament," he stressed.
Chief Justice Isa also referred to Mustafa Kamal's controversial comments about the Bhutto case and the judiciary's past decisions. He remarked, "We could not bring him back to life; we could only admit our mistake." He further clarified his stance on martial law, stating, "I will never defend those who endorse martial law."
He stressed that the weakest are those who carry guns or abuse, adding that such people do not have any arguments.
The chief justice also pointed out the selective media coverage, stating, "If someone speaks well in the press club, there is no coverage. But abusers are covered well."
The Supreme Court has adjourned the suo motu hearing until June 5, pending the submission of responses from Faisal Vawda and Mustafa Kamal.
