The Senate Standing Committee on Law and Justice on Friday decided to invite representatives of the Pakistan Bar Council, bar bodies and all stakeholders for a wider discussion for revisiting the contempt of court law.
The amendment bill was moved by Senator Farhatullah Babar as a private member’s bill.
Babar, while explaining the rationale behind the bill, said that the basic purpose of the bill was not to seek its immediate adoption but to initiate a wider debate on it.
He held the view that the contempt law should not only protect the dignity of the courts but also that of the litigants, and said that “a broader public discourse will help examine whether the existing law needed amendments in the definition of contempt, in deciding who is liable to have committed contempt as well as punishments for various acts of contempt”.
Babar argued that the dignity of honourable judges must rest more on their conduct, nature of their orders rather than on a law that was too wide open in some respects and too restrictive in others. “Glory and majesty of the courts demand that at no stage, honourable judges should appear to have their eye on television and newspaper headlines while addressing the litigants during the proceedings,” he said, adding that the judges must be protected under the law from any disrespectful and offensive behaviour but this protection should also be equally available to the litigants.
Talking to a group of reporters, Babar said the decision made by the Senate committee (today) sent a powerful message to everyone that parliament deemed it necessary to initiate consultations for revisiting the contempt law. He further said that the Pakistan People’s Party-led federal government had, in 2012, legislated on the contempt of court act, but as it did not have the support of all the parties the piece of legislation was subsequently struck down by the court. “So, the Senate committee’s decision is an auspicious start and a no small achievement,” remarked Babar.
The Senate committee meanwhile decided to seek views of all stakeholders on another constitutional amendment bill, moved by Senator Babar Awan, for repeal delete Article 182 of the Constitution that provides for the appointment of ad-hoc judges.
The statement of objects and reasons states that ad-hocism in the higher judiciary had a negative impact on the dispensation of justice as well as independence of the judiciary.