- To what extent?
Members of Parliament have long lost their way in achieving power and have started to hurl threats on state institutions. On one side, the ruling party has tried to bring judiciary to ridicule for which they rightly face contempt charge as per Article 204 of the Constitution. On the other side, the leader of another political party, with eager political flight has lost all the patience and balance.
On 17.01.2018, Imran Khan cursed the Parliament, a state institution of and for people of Pakistan through their chosen representatives. Mr Imran Khan has not cursed the Parliament but this beloved country and its people who have voted for their chosen representatives. All private channels kept running the video which drew strong criticism from people from all walks of life, yet silence and inaction on part of speaker National Assemble or PEMRA is of great concern. Imran Khan as member of the same Parliament enjoying all perks and privileges while referring to approval of Election Act 2017, which matter was than sub-judice before Honorable Supreme Court of Pakistan, cursed and flouted the dignity of Parliament.
Not to forget that previously, Mr Khan advanced the word ‘shameful (Sharamnaak)’ to Election Commission and judiciary and was called for contempt by Supreme Court of Pakistan in case reported as PLD 2014 Supreme Court 367, however, he conveniently escaped by seeking unconditional apology from the Honorable Court.
Article 19 of the Constitution guarantees the freedom of Speech. However, it does not license any person to sabotage the integrity of state institutions and freedom of speech is subject to such restrictions as could be legitimately imposed under the law. Article 19, is reproduced herein below:-
“Every citizen shall have the right to freedom of speech and expression and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the Integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of Court, defamation or incitement to an offence”.
Parliament is one of the three major pillars of state whilst constitution and its preamble believes in trichotomy of all three pillars; Executive, Judiciary and Parliament
In a democratic system, freedom of speech/expression and freedom of press are essential requirements. However, perusal of Article 19 makes it absolutely clear that the above right is not absolute but subject to reasonable restrictions imposed by law. Reasonable classification is always permissible and law permits so. But in the light of Article 19, nobody is allowed to ridicule, disrespect or defame any person or Institution.
Any unconstitutional act with intent to bring Integrity of Pakistan or its Institutions to disrespect squarely falls under the provision of treason as enshrined under Article 6 of the Constitution.
That members of parliament enjoy certain privileges and immunities for their acts performed in or outside the parliament, thus if stern action in peculiar circumstances is not taken against these busybodies, this mischievous culture shall have never ending detrimental effect on image and dignity of Parliament. It is significant to mention here that as per National Assembly Rules vis. Rules Of Procedure And Conduct Of Business In National Assembly 2007, to which each member is bound to comply, have been mercilessly violated. Rule 30 of the Rules 2007 ibid are reproduced verbatim for assistance:
“30. Conduct of members while present in the Assembly.-
…
(k) shall not act to erode the sanity of the house or act in manner which lowers the dignity of the house.
Even otherwise, every member while taking oath as member of National Assembly declares on oath that he shall “bear true faith and allegiance to Pakistan and uphold the sovereignty and integrity of Pakistan.”. Same declaration on oath was made by Imran Khan and his ally yet they have become fearlessly contemptuous in complete disregard of this declaration to the pivotal institution of Pakistan.
Parliament is one of the three major pillars of state whilst constitution and its preamble believes in trichotomy of all three pillars; Executive, Judiciary and Parliament. Needless to mention that Speaker of House as per vested scheme of Constitution not only administers the Session of National Assembly but is also empowered to hold members of the National Assembly accountable for their action not just in the Parliament but also otherwise. However, in the present case neither House or its Joint Sitting or Committee took action against Imran Khan or his ally.
In Pakistan, respect of the Parliament is often understood narrowly. But it is relevant to note that Parliament is formulated over chosen representatives of the people. Any disrespectful remarks about the parliament are remarks directly attributed to people of Pakistan who voted for their chosen representatives.
Cursing and disrespecting state institutions is not acceptable for any patriot, honest, or respectable citizen.