SC jails PML-N Senator Nehal Hashmi, disqualifies him for 5 years in contempt case

–PML-N veteran leader sent to jail for a month, fined Rs 50,000 over threatening speech against judiciary

–Three-judge bench dismisses Hashmi’s unconditional apology as it gave 2:1 verdict against him  

ISLAMABAD: The Supreme Court on Thursday sentenced Pakistan Muslim League-Nawaz (PML-N) Senator Nehal Hashmi to one-month imprisonment and barred him from holding public office for five years as it announced its verdict in the contempt of court case registered against Hashmi over his threatening speech against the judiciary last year.

A three-member bench headed by Justice Asif Saeed Khosa and comprising Justices Dost Mohammad and Maqbool Baqar gave the decision in a 2-1 order with Justice Dost abstaining.

The top court also imposed a fine of Rs50,000 on the senator.

Further, the bench dismissed an unconditional apology, which Hashmi had submitted to the court on January 24 for his threatening video message against “those investigating” former prime minister Nawaz Sharif and his family.

Following the order, Nehal Hashmi was taken into police custody by officials present in court. He was taken to the Secretariat Police Station and later shifted to Adiala Jail, Rawalpindi.

A few hours after the verdict was announced, Hashmi filed an appeal against the judgment, saying that he has already issued an apology. He maintained that he “did not threaten anyone” in his May 2017 speech.

The controversy started in May 2017 when a video emerged of Hashmi in which he was seen threatening the prime minister’s ‘political enemies’.

Nehal Hashmi, warning those who were conducting accountability of Sharif family, said in a public rally, “We will make this land (Pakistan) narrow for you and your children. You are now in service, but will retire one day. We will not leave you then.”

“You are making the life of the prime minister difficult. The Pakistani nation will make it difficult for you to live,” he had added, without taking any names.

“We are the workers of Nawaz Sharif… We will make an example of those who hold us accountable,” Hashmi can be heard saying in a video which went viral on social media. “We will not spare those who have held us accountable and who are making us accountable,” he continued. The video was reportedly shot as Hashmi addressed a gathering on May 28.

Hashmi had also threatened Imran Khan and said, “The nation will also make this land narrow for those who live in Bani Gala.”

Excerpts of judgement: 

Following are some excerpts from the written judgement in the case. Justice Mohammad abstained from sharing his opinion “for purely personal reasons”.

“If the Judges of this Court were weaklings or feeble at heart and if they could be frightened or browbeaten by verbal assaults or naked threats, then the respondent namely Senator Nehal Hashmi had surely made a valiant attempt at that. It, however, appears that he and those he wanted to obey or please are poor judges of men.”

“As the respondent has decided not to contest these proceedings and has submitted an unconditional apology, therefore, the first question to be answered is as to whether he has committed contempt of this Court or not. Through the relevant speech made by him on 28.05.2017, the respondent had established that he is a firebrand speaker and the tone, the pitch and the delivery of the offending words bear an ample testimony to that but unfortunately on that day he had spewed fire towards a wrong direction.”

“He attacked the judiciary, the judges and those who were tasked by this Court to investigate some allegations of criminal conduct on the part of the respondent’s political leader, his family and others.”

“He launched a verbal tirade and issued naked threats which he now himself realizes to be improper, unwise and imprudent. The offending words uttered by the respondent in the relevant speech, which words are admitted and not denied by him, were nothing but an effort to obstruct, interfere with and prejudice the proceedings pending before this Court and before the Joint Investigation Team working under the direct command and supervision of this Court in the Panama Papers case.”

“It is not open to any manner of doubt that the offending words uttered by the respondent in public were meant to interfere with, obstruct and prejudice the process of law, justice and this Court and were also intended to bring the authority of this Court and administration of law into disrespect, disrepute or hatred within the meanings of section 3 of the Contempt of Court Ordinance, 2003 (Ordinance No. V of 2003) and Article 204 of the Constitution of the Islamic Republic of Pakistan, 1973.”

“The manner in which the respondent had acted on the occasion was surely prejudicial to the integrity and independence of the judiciary of Pakistan as a whole as it had defamed and brought it into ridicule.”

“While adverting to the provisions of section 18 of the Contempt of Court Ordinance, 2003 (Ordinance No. V of 2003), we have felt satisfied that the contempt committed by the respondent is quite grave and is one which is substantially detrimental to the administration of justice besides tending to bring this Court and the Judges of this Court into disrespect and hatred.”

“Section 5(2) of the said Ordinance dealing with submission of an apology by a person accused of having committed contempt of court does not envisage an automatic acceptance of the apology by the court but makes its acceptance subject to the court’s satisfaction about its bona fide.”

“The belated apology submitted by the respondent after about seven months of commencement of these proceedings and at the fag end of such proceedings when the evidence of the prosecution has already been completely recorded and closed speaks volumes about the apology being an afterthought.”

“The conduct of the respondent in this regard impinges upon bona fide of his apology and, thus, the same has not been found to be meriting acceptance. Such apology of the respondent may, however, have some bearing upon the sentence to be passed against him. In view of what has been observed above the respondent is held guilty of committing contempt of this Court as charged.”

“Although the offending words publically uttered by the respondent, which words had received wide publicity nationally as well internationally, amounted to a grave contempt of this Court, yet there are some mitigating circumstances available warranting withholding the maximum sentence provided for the offence by the law.”

“The respondent is about sixty years of age, he is an Advocate for the last about thirty years, he has submitted an unconditional apology though belatedly, he has thrown himself at the mercy of the Court and has decided not to contest these proceedings and upon his conviction for the offence of contempt of court he is to be visited with a disqualification under Article 63(1)(g) of the Constitution.”

“For what has been discussed above, the respondent is convicted for the offence under section 3 of the Contempt of Court Ordinance, 2003 (Ordinance No. V of 2003) read with Article 204(2) of the Constitution of the Islamic Republic of Pakistan, 1973 and is sentenced under section 5(1) of the said Ordinance to simple imprisonment for one month and a fine of Rs. 50,000/- (Rupees fifty thousand only) or in default of payment thereof to undergo simple imprisonment for a further period of fifteen days. He is to be taken into custody and he shall be lodged in the Central Prison, Rawalpindi for serving his sentence.”

“As the respondent has been convicted and sentenced by this Court for acting in a manner prejudicial to the integrity and independence of the judiciary of Pakistan and for defaming and bringing the judiciary into ridicule, therefore, by virtue of the law declared by this Court in the case of Muhammad Azhar Siddique and others v. Federation of Pakistan and others (PLD 2012 SC 774) with reference to Article 63(1)(g) of the Constitution of the Islamic Republic of Pakistan, 1973 he ipso facto stands disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament) for a period of five years from today.”

“Let a copy of this judgment be sent to the Election Commission of Pakistan for an immediate appropriate action in that respect.”

In June, Chief Justice of Pakistan (CJP) Saqib Nisar had taken a suo motu notice of Hashmi’s outburst against the prime minister’s ‘enemies’.

The bench came down hard on Hashmi over his controversial remarks, saying only mafias and terrorists threaten children.

“It seems that the government’s self-proclaimed spokespersons let no opportunity for maligning the courts slip by,” Justice Ejaz Afzal remarked.

“It is not our custom to bring our children into our fights,” Justice Sheikh Azmat chimed in, referring to the senator’s threats.

“It is terrorists and the mafia who do such things,” Justice Azmat said.

“In his explanation, Hashmi said, “I was fasting and would never dream of referring to judges in such a way.”

Hashmi’s party membership was suspended after the PM House came to know of this statement and he was directed to tender his resignation from the Senate.

The party authorities also issued a show cause notice to the PML-N leader and instructed Hashmi to step down from the party position of general secretary of PML-N Sindh.

Hashmi forwarded his resignation later to the Senate secretary, stating that he’s resigning due to “inevitable reasons”.