Chief Justice Iftikhar Muhammed Chaudhry Monday said the court’s powers cannot be curtailed with any step of the Parliament.
Appearing before the five-member bench hearing 26 identical petitions filed against Contempt of Court Law 2012, Attorney General of Pakistan Irfan Qadir said the federal government appointed Justice (rtd) Shakoor Pracha to plead its case.
Parach said that court’s notice was about 16 petitions but 26 petitions are pending about the case which demands a full bench of of the Supreme Court instead of five-judge current bench.
Rejecting Pracha’s plea for the full court, the Chief Justice Chaudhry said three-member bench decided that a five-strong bench will conduct hearing.
Responding to Pracha’s plea for more time of one to two weeks, the Chief Justice Chaudhry remarked the court has already given enough time. He added that this was an important issue which needed to be dispensed at the earliest.
Attorney General said that the case was first of its kind as no such cases came up earlier in the history of Pakistan and therefore two-weeks time should be given before the next hearing.
Chief justice responded by saying that Attorney General’s information was not correct and such a case was heard by a five-member bench headed by Justice Ajmal Abbasi in 1996.
The Attorney General further said the world’s legal concepts have undergone change since 1996, adding Justice Ajmal Mian held that the Constitution actually commands in contempt of court cases.
Justice Tasadduq Hussain Jilani remarked the supremacy of the law lies in safeguarding the Constitution, adding the contempt law will remain until we continue to believe in the rule of law.
The Chief Justice further said no act by the Parliament can slash the jurisdiction of the judiciary, elaborating the some measures mentioned in 1973 Constitution are exempted from the definition of contempt of court.
However, this exemption has been abolished with 18th Amendment, he added.
Powers of judiciary cannot be curtailed: CJ
