The Supreme Court on Friday dropped a strong hint of its intentions during proceedings of petitions challenging the recent amendments to the new contempt of court law, with Chief Justice Iftikhar Muhammad Chaudhry saying the democratic “system would not be threatened if one law is struck down”. The five-judge bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry and including Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawwad S Khawaja and Justice Tassaduq Hussain Jillani, resumed hearing in 27 identical petitions challenging the contempt law. Lawyers representing the petitioners in the case continued their arguments against the new enactment. During the proceedings, chief justice observed that it was the job of judges to give a verdict under the law, adding that the judiciary was trying to bring democracy back on track. Commenting on the conduct of parliamentarians, Justice Jawwad S Khawaja observed that the servants of the public forgot their true place and started considering themselves “owners of the country”. He said parliamentarians were paid by the masses and they should not consider themselves “masters”.
“Parliament members are merely servants of the people and nothing more. They even get paid by the public,” said Justice Khawaja. He said everyone was collectively striving to maintain a democratic system in the country.
Justice Tassaduq Hussain Jillani said Article 204 provided immunity to no one, adding that the contempt of court bill was a violation of the constitution.
Justice Jawwad S Khawaja said the constitution allowed launching an inquiry against those committing contempt of court, so how could a law regarding contempt of court provide immunity. He added that Article 25 was affected the most by the new contempt of court law.
Referring to the transcript of the parliamentary debate that took place while passing the bill, the chief justice said they had concerns over the debate, as references from the constitution were not given by lawmakers. He added that parliamentarians had themselves said that the law was made to provide protection to only a few people. During his arguments, one of the petitioners, Raja Afrasiyab, contended that the law was enacted to protect prime minister from Article 63-A. He argued that parliament could not alter the constitutional definition of contempt of court on the basis of mere majority. The constitution had already described the subject matter very clearly. Justice Jawwad S Khawaja praised the vision of Zulfikar Ali Bhutto and remarked that those who formulated the constitution were respectable personalities. He further said that the people who produced the unanimous constitution were the people with a vision, but the dictators distorted it, however, the constitution was still of primary importance.
“The judges are trustees who have been tasked by 180 million people of Pakistan with implementing the constitution. The lawmakers agreed upon the constitution under an ideology, these people who gave unanimous constitution were ideologues,” he said. On Thursday, the court had directed the lawyers of petitioners to complete their arguments by Friday. The arguments of Attorney General Irfan Qadir would be heard from Monday.
THE CURRENT SYSTEM IS SERVING THE INTERESTS OF ELITE CLASS; IT WAS BE BROUGHT DOWN
90% of elite class opposes PPP and always supported anti-PPP and anti-democracy forces. It is mostly poor class of Punjab, people of smaller provinces support PPP govt. Elite class and urban upper class of Punjab hv always opposed all past PPP govts.
PPP is running on dynastic politics. The next leader in line is Bilawal.
if real democracy is required PPP leadership must be taken to task.
Hanged more like. I just wish CJ would hurry and order their public execution.
If this is your thinking then US think tank prediction that there will be no Pakistan in 2017 will come true.
Do you think we should follow dictum laid by US think tank . Pakistan will Inshallah stay on the globe, yes it is possible US may disintegrate.
I am not following their dictum. They r just referring to the acts of Pakistani unelected classes against an elected govt represented by minority provinces. If u continue to do what you did to Bangladesh then these things will happen
if you want to keep quoting US, then go to US, not in pakistan
Yes it can happen because of your deeds. US think tanks are giving analysis of facts-the illadvised acts of our unelected institutions against elected institutions. They hv based their predictions on what you are doing to ur state.
CJ should set the example by first executing his son in public,
Yes if proved guilty, CJ atleast had the guts to take suo moto notice and summoned him in court as any ordinary accused instead of protecting his son like ex PM Who tried his best to protect his son by transferiring officials overnight
Arsalan has not yet appeared before Investigators. Instead, he has filed a review petition which is being heard out of turn. So much for the drama of Iftikhar.
nelta John : you can't hide your loyalty's. you are so immature. need grooming.
CJ is also a government servant…he is paid by the people and is answerable to the representatives of the people. If PM can appear before the court, howcome registrar doesn't appear before NAB in Arsalan Case. these judges are creating hurdles in the democracy
Boota : you are still in your roots (Boota), think above your head, and not below your feet (gitae – ankles)
Let the SC follow the constitution and proceed without any pressure or fear.
Judges have only one agenda : Political Vendetta.
This bunch of 17 Judges think they represent 180million people of this country – would they mind under which Article of constitutions they say this!! – It seems SC has decided to take Parliament head-on… it would be a nasty collision….
Home Grown : think global not local, don't bring your petty thoughts on this forum. grow up
Your comment actually does not merit a response, but to keep minors like you happy and encouraged I can only say that you represent thought of Yellow-School only.
hence proven, your thoughts are local, come out of this tiny world, and you will see bigger issues and it will also give you healthy mind and body. Good for you otherwise you will be part of past neglected nation
The question is, will the SC have the courage to strike the law down?
If their political vendetta requires, what else can they do?
STOP DAILY DOSE OF REMARKS please.
Dismissing present corrupt SC will not bring system down. People come & go. So what if Iftikhar and his cronies are dismissed by the Parliament which is supreme, which gave Constitution to this country and which makes law. Parliament knows better what it legislated. Iftikhar should not poke his finger in its domain. Rather, judges should bring their house in order. Judiciary has to be honest & efficient before it starts talking about corruption and inefficiency of others. It is a shame not to be honest & efficient and talk about others. Common man in Pakistan does not get any justice from our judicial system. The judicial organ of the state is the one with the worst record of discharging its responsibilities. Making political remarks and always being hungry for media attention is the hallmark of present lot sitting in SC.
shahid : the time is witness (shahid) that you will be running on the road for justice and whole nation will be witnessed (shahid) that you will be disgraced without justice.
No sensible man can expect justice from a notorious Familygate Dual PCO Judge. Sir, wake up. Common man is not getting any justice. Go to any Kutchery, High Court or Supreme Court and you will agree. Judiciary is corrupt to the core right from the top man to the lowest level Civil Judge and Magistrate. Even if somebody needs stay order or bail, he has to go through a tout wearing black coat. Since justice is not being dispensed in our society, we have a bleak future. If we want to survive, we do not need theatrical performances from judges, we need a competent and honest judiciary.
This is a funny announcement from the SC learned bench comprising of same person who not once but twice "Allowed the Military Dictator Mushraf to make any change i.e. annul , amend, or add any Article in the piece of document so called the constitution of Pakistan" – there will be no-harm, not the sky will fall if the same individual CH.IFTIKHAR & Co annul any one law of the poor document which once said by a dictator a piece of rubbish in the presence of learned Judges…. these judges are too pathetic and too much rotton…. they stinks….
This C*J*P is the same individual who once allowed the military Dictator Musharaf to annul, amend, or add anything in the Constitution of Pakistan, what difference it will make to him if he annul one law of the same p*o*or document of this land.
This C*J is the same who once allowed a Dictator to annul, amend anything in the Constitution of Pakistan, what difference it will make to him if he now annul one law for playing bully to the entire system.
CJ is biased and opposition leader sitting on government job.
Save Pakistan from CJ, he will be remembered in history as a judicial tyrant
Ali : talk like Ali (RA), and let justice takes its own path. No nation can gets its honour without true justice. we have to make ourselves use to true justice.
They even allowed annulling of whole constitution – why don't dare to disallow one law
these judges allowed a dictator to annul the whole const*iution – they won't hesitate to annul one law!!!
Funny – these judges not once but twice allowed a military dictator Musharaf to annul, amend or add anything in the document – the same Individual (CJP) will be very happy to annul one law of the same document which parliament has approved it through proper channel and legally – it irony of this country – but CJ is the hero – no matter whatever he did in the past and is doing now (right or wrong) but is given a clean-chit by media and so-called anchors..
This new law also opposed by no less person of Aitazaz,Raza Rabbani,
Iqbal Haider..all PPP stalwarts,and this law is to protect the elite class,govt,politicians in power and bureaucrats….that is what u people want…a law for few?
read the relevant clauses of law before criticizing
@Ishrat Salim – FYI there are number of laws which only serve the interests of few/section of the society like the "Blasphemy Law" – that law only give benefit to the religious parties and deprived the minorities – CJ nor the SC ever indicated to annul this law Why? are the Minorities not human? or they don't have any human-right in this country…
YOU HAVE BY YOUR LOOKS HIDDEEN LOVE OF BENAZIR GIVEN EXTRAORDINARY MARGIN TO HER MOST CORRUPT,POLITICAL,PARTISAN PRESIDENT,PERMANENTLY CONSTITUTIONAL BREACHING.UNLESS SCP DOES NOT 'ANNUL' HIM ,COUNTRY WILL KEEP RUINING.KINDLY STOP YOUR SOFTEST CORNER TO THE WORST EVER CORRUPT PERSON ON EARTH
PPP is pretending to poor because their children have no food no clothing no housing and no education the very thing it was supposed to provide for them. In Pakistan poor people In Sindh Hazrat Ali 's horse came to sindh and many other folk tales with no bases. PPP loves the uneducated poor classes because they can't think on their own and are easily pursuaded. May be think will change and dhi dhiani game will be dead for one last time as BB is gone…no dhi left but a bunch of crooks…
i agree with Ahmed.
CJ is biased and opposition leader sitting on government job.
There’s a huge difference between Pakistan and U.S. judicial practices. In U.S. the case of the election of President Bush came before it on appeal from lower courts. The US Supreme Court did not grab this case on its own volition. Can you imagine the U.S. Chief Justice John Roberts firing President Obama on account of contempt of court? Doesn’t t sounds crazy and laughable? In his actions and orders, this errand chief justice has violated many provisions of the Constitution and fundamental principles of law. He has usurped the expressed and clear separate powers of the Executive and Legislative branches, either because of his lack of legal knowledge or because of his authoritarianism. In Pakistan, however, this Chief Justice is simply seizing political issue on his own, on the basis of the suo moto loophole in our Constitution and that’s a sheer abuse of judicial power. The Supreme Court in Pakistan has become a super chief executive or a super prime minister. You can say that this is a virtual judicial dictatorship. The Chief Justice of Pakistan has created a complete mess and has put the entire democratic order of the country at risk by his improper and unconstitutional court orders and verdicts, which were capped by his illegal order of dismissing an elected and constitutional head of the government on the pretext of contempt of court, which has got to be the first in the annals of democracy.
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