Contempt cases in the court
It is key that caution be applied in all state and judicial matters. A slip of the tongue here, an insinuating remark there, and a relationship could snap leading to much discontent and resentment. Particularly so when two functionaries of the incumbent government are implicated in contempt of court cases: the prime minister and senator Babar Awan.
The court, though fully in power to decide what it may deem is legal, should not be seen to be prejudicial, for a case involving political leaders could easily be tainted one way or the other. Politicians, as is their nature, learn quickly how to play with fire and be safe at the same time. That is how they work. But should it be considered a matter of contempt of the court? After all, if the politicians, the public’s representatives, are put on a tight leash, how would the democratic process move ahead without an environment for open discourse? What Mr Babar Awan did by holding that press conference cannot be put in entirely black and white terms; it lies in a grey area. The court’s decision to level a charge sheet against him in this regard might have been thwarted had he been apologetic to the court. Instead of a confrontation, a reconciliatory attitude, a pet word of the present political dispensation, would have sufficed.
The PM comparatively faces an even tougher situation now that the Supreme Court has ordered him to write a letter to the Swiss authorities without any advice. The court seems to be in no mood to offer any relaxation on the issue. This writing of a letter should never have been an apple of discord in the first place if the president has what the PM claims to be blanket immunity.
The court’s final decision should in no way be challenged, but while dispensing with justice, staying impartial and un-prejudicial is as important as being seen to be fair while delivering a conviction, fulfilling the key requirement of being beyond doubt. Even with all this, a warning usually works well in such situations.
Whether or not caution is employed it seems it will play an important role in setting the course of the tide.