Wrath of the watchmen

• Our Lordships must tread the path of ‘contempt of court’ with extreme caution

Quis custodiet ipsos custodes? (Who watches the watchmen) asked the Roman satirist Juvenal rhetorically two millennia back. The answer, dearest sirs and ma’ams, alludes us still. Luckily, the federation of Islamic Republic of Pakistan has constitutionally appointed watchmen. Their Lordships of Big Marble Palace are the highest forum to interpret the law of the land and parcel out justice according to the dictates of the law. Of late, our esteemed watchmen have made it loud and clear that they will take to task those who dared to censure them. Nehal Hashmi is not their first prey. However, he is the first one to be thrown behind bars for irating them. Who is next, only they know.

It is pertinent to mention here that conventionally, at least up till now, the apex court has shown extreme leniency in contempt cases. In majority of the cases the one held in contempt walked free after tendering an ‘unconditional apology’ before their Lordships.

Two cases of contempt of court, however, stand out. One is of famous advocate and former law minister, Doctor Babar Awan, whose membership of Supreme Court was suspended for good two years in 2012 by then Chief Justice Iftikhar Muhammad Chaudhry. Although he tendered an ‘unconditional apology’ still he had to face the music. Awan, later on, got his license back in 2014.

What fate holds for them is still a mystery for us many. However, one thing is certain, the activism of Chaudhary Court is back

In what Pakistan Peoples Party termed as a judicial coup, the then prime minister Yousaf Raza Gillani was sent packing back in 2012, when their Lordships sentenced him till the rising of the court for his contempt of court — Gillani refused to write letter to Swiss authorities seeking details of bank accounts of then president and co-chairperson, Asif Ali Zardari.

The judicial history of Pakistan is patchy when it comes to contempt of court cases, the above two examples cover the length and breadth to which it has been practiced. The contempt of court law is enshrined in our constitution as well as Contempt of Court Ordinance, 2003 deals with it at length. Article 204 of constitution of Pakistan sheds light on what act qualifies as contempt of court and power of Supreme Court and High Courts to punish those who abuse, interfere with or obstruct the process of the court in any way or disobeys any order of the court. Also, if a person scandalises the court or puts a judge of the court into hatred, ridicule or contempt or does anything which tends to prejudice the determination of a matter pending before the court is perceived guilty of contempt.

The wrath that Senator Nehal Hashmi of PML-N has faced is of new breed. Mr Hashmi spoke his heart out at a workers convention and warned the JIT members and judges of dire consequences in May, 2017. The very next day all hell broke loose. The SC took notice, amidst that chaos, a charge sheet was issued and the hearings continued and Mr Hashmi, who recently underwent angioplasty, was told to submit his reply by mid of August, 2017.

Other happenings, some big, some small took the limelight away. And like a bolt from the blue, Mr Hashmi found his way back in the news last week.

The watchmen have decided to come out of their dormancy. The next potential preys include State Minister of Interior Talal Chaudhry, Privatisation Minister Daniyal Aziz, Mir Shakeel Ur Rehman and Ahmed Noorani of Geo. What fate holds for them is still a mystery for us many. However, one thing is certain, the activism of Chaudhary Court is back.

The leniency previously shown by apex court in most contempt cases was unmistakable and consistent. The Panama case verdict has changed everything. The latest foray of apex court in the murky realm of politics can be termed as the re-entry of Chaudhary-style judicial activism. By making an example of Nehal Hashmi, the watchmen gave an unequivocal message; don’t take our name in vain ever again.

Their Lordships have, however, forgotten that every person and institution is hostage of its past. Even the most cursory student of Pakistan’s history knows the role judiciary played whenever there was a coup. The judicialisation of politics today when juxtaposed alongside the legalisation of past takeovers makes one queasy about intent behind the recent acts.

Politics is a dirty, messy game where intrigue and abuse are weapons of choice. There are enemies to be annihilated, friends to appease, and elections to win. When judiciary, the most revered institution, barges in this realm and starts to parcel out punishments for purely political utterances, things are bound to go awry.

Our watchmen are neither without sin nor without a past. And as to the question who watches the watchmen. Well, everybody has their eyes set on every single remark they utter, every act they commit and every judgment they hand down.