Following Yousaf Raza Gilani’s ouster from the Prime Minister’s office for committing contempt of the Supreme Court by not writing to the Swiss authorities and expecting a similar ordeal for the new premier, Raja Pervaiz Ashraf, the government on Wednesday decided to do away with the existing contempt of court law and replace it with new legislation.
The apex court has already given a July 12 deadline to the new PM for writing to the Swiss government, failure of which could land Ashraf in a position similar to that of Gilani before his disqualification.
In its meeting on Wednesday, the federal cabinet approved the Contempt of Court Bill, 2012 for introduction in parliament. Through the proposed bill, the scope of the right to appeal has been enhanced.Under the new draft bill, the president, prime minister, ministers and chief ministers will be immune from contempt of court proceedings under Article 284-1 of the constitution.
The draft bill also states that criticism of court orders, if made in the appropriate language, would not be contempt of court. Though it is unclear what would be the appropriate language of criticising the courts. Moreover, other necessary provisions relevant to contempt proceedings have also been incorporated in the draft bill.
DUAL NATIONALITY BILL: Besides, the cabinet also approved the dual nationality bill with majority to do away with the bar on people having dual nationalities from becoming members of parliament as well as provincial assemblies despite opposition from the Pakistan Muslim League-Quaid. The coalition party’s minister Sardar Ghous Bux Mehr argued how could a person who had taken oath to remain loyal to a specific country, turn loyal towards another when there was a conflict of interests of both countries in question.
A source in the cabinet said that when the bill was tabled in the meeting, Information Minister Qamar Zaman Kaira supported the bill, saying the bar on dual nationality holders should be lifted.
All for one, contempt for noneBut Mehr said how could a Pakistani national, “who is under oath to remain loyal and work for the interest of Pakistan, take oath to remain loyal to another country and work for the interests of that country. How could a person loyal to the constitution of US or UK be allowed to become member of the parliament of Pakistan?” However, the ministers toed the line adopted by Kaira and supported the law in a haste. Meanwhile, President Asif Ali Zardari summoned a session of National Assembly on Friday with an objective to approve the Dual Nationality Bill, while the Senate would be summoned on Monday. In a briefing for the media later, Information Minister Qamar Zaman Kaira said the PPP and its allied parties fully believed that stability of national institutions was vital to make democracy strong in the country, and there was no question of putting any restrictions on the superior judiciary through the Contempt of Court Bill. To a query on the Dual Nationality Bill, he said it was part of the PPP manifesto to provide right of vote and election to overseas Pakistanis.
Supreme court is the final authority for dispensing justice. Contempt of court was never a controversial subject but the PPP in order to cover up the unprecedented corruption of top leadership is trying to make amendment to the contempt clause . Changes to the Contempt of court clause will convey the message that corrupt rulers will have the constitutional protection for their criminal conduct.
This is playing havoc with the state institutions and the Constitution. There seems to be no bigger issue with this government than protecting Zardari and his ill gotton wealth. O God save this country from these opportunists.
Just amazing, our country is being taken away from under us in front of our eyes!
This is NOTHING less than treason. Death to to each of these parliamentarians.
Death of different opinion. Shame on you. In democracy there are always several opinions on a single issue.
PPP is not democracy!
It is painfully obvious that Parliament is a waste of money, time and space.
In Democracy – Majority vote counts, Opposition (minority) should wait for the their time and can reverse the amendment. This is how it works in all over the world.
Why everyone wants to have their view imposed on the government !! – Why !!!
Personally, I think the contempt of court powers must be clipped. If Hazrat Umer RA did not have such powers why should anybody else have them? As far as the issue of overseas Pakistanis right to vote and get elected is concerned, there are arguments both for and against. Perhaps, they should be given the right to vote only. In USA, all citizens have a right to vote but only a born American citizen is eligible to become President. However, in principle, all of us should accept what the elected Parliament decides. Difference of opinion can be expressed and agitated in a democratic and decent manner.
However, I would like to say that it is very unfortunate and disturbing to notice that people who use internet are assumed to be educated but the kind of foul language they use says tells something else. If our so-called educated computer class discusses serious issues in this manner, then we have a bleak future. Another disturbing feature is that foul language gets posted but some views even if expressed in decent language get killed.
Finally a move to thwart black mailing of judges .Under the circumstances it seems a right decision.
There is no bar on parliament to enact new laws. Supreme Court can not legislate. It can only interpret but cant change the laws passed by parliament. Simple….
These tactics which on the face of it , are mala fidewould not ;and, can not work!The idea behind all the purposed amendments is to evade and avoid the judgments of the supreme court .To pass a law , bad or good , may be with in the domain of parliament; but , to strike it down , is the domain of judiciary! Till yesterday , they were saying , there is no contemptlaw! if there was none , what they are going to anend and replace !Even otherwise , this is a foolish idea, because, immunity can not be given in respect of the contempt of court , to any person , whosoever , he may be!This means that they are above law and constitution !
Purposed legislation , to say the least , is sheer nonsence!Suomoto notice of such a legislation can be taken by the court.They are trying to act upon a Punjabi saying……..to avert the situation !
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