The apex court has called Senator Faisal Vawda and Member of the National Assembly (MNA) Mustafa Kamal under contempt of court. Can this notice stop criticism from courts? Is this matter about the contempt of court or the judiciary as the institution is under contempt? Why it continues even today and how it can impact this society is a point of concern that everyone needs to realize and should address as earlier as possible.
Senator Faisal Vawda Talal Chaudhry held the Islamabad High Court (IHC) judges under question for writing a letter to the top court alleging intelligence agencies for influence in judicial affairs. Mustafa Kamal of the MQM Pakistan and Awn Chaudhry of the Istehkam-i-Pakistan Party alleged shortcomings in the judiciary.
They spoke on the dual citizenship of a judge of the IHC and criticized the judiciary for allegedly not setting ethical standards for judges. Awn Chaudhry said this situation could lead to anarchy in the country and said the judiciary should be held accountable in this regard. The SC in return took suo-moto and called Vawda and Kamal to explain their positions. Both Talal and Awn Chaudry reportedly were not served any notice. Earlier, the SC convicted Talal and sentenced him to imprisonment till the rising of the court and imposed a fine of Rs100,000. This judgment bared Talal from contesting election for five years and holding a public office. He called the judges the PCO judges and alleged them of continuing injustices.
These statements of Talal came over the disqualification of former Prime Minister Nawaz Sharif under the Panama Papers. An intra-court appeal of Talal against his conviction was also rejected. It couldn’t stop Talal from criticizing the judiciary. Senator Nehal Hashmi was booked under contempt of court. He was sentenced to one-month imprisonment, barred from holding public office for five years, and a fine of Rs. 50,000 was imposed. Hashmi claimed to take to task those who conducted an investigation of Panama and grilled the Nawaz family. The SC took Suo motu against PMLN’s Daniyal Aziz when he criticized the court for clearing Imran Khan in a disqualification case. He recalled that action was not taken against 450 Pakistanis mentioned in the Panama Papers, but Nawaz was booked and alleged courts for victimizing Nawaz.
The Lahore High Court earlier served notices to Nawaz Sharif, Maryam Nawaz, and Rana Sana Ullah Khan in a contempt of court petition. The IHC called the former Interior minister Ahsan Iqbal under contempt of court. The IHC dismissed a notice issued to Imran Khan for his controversial remarks against a female judge.
This notice under contempt of court was earlier initiated and was later dismissed after Khan tendered an apology. If convicted, Khan could also be disqualified from holding a public post for at least five years as done in other cases. The former CJP Mian Saqib Nisar once addressing a ceremony said “We have seldom tried people for contempt of court despite so much criticism against us.” He asked not to malign the judiciary if one doesn’t get a favorable verdict stating that the judges were not taking dictation from anyone. “If anyone believes that being an SC judge is a paid vacation, they should think again. Every judge has the responsibility of providing justice to the people. We will have to answer in front of God,’ he said.
Bhutto was hanged, martial laws were justified, and Nawaz Sharif was booked Giving one leverage and denying the other was also observed. Social media campaigns against judges were launched by a particular political party but no action was taken. The judiciary is alleged to support the military in making and breaking governments in Pakistan. It is criticized for not deciding common cases in time and providing instant relief to some. Its history is long, but during the past few years, this institution has seen more criticism. This is not about a few politicians criticizing courts, rather it is about a common tendency. This was seen more after Muhammad Nawaz Sharif was ousted and Imran Khan was put in place.
Why calling under contempt and booking people could not stop it? This is a question of concern and those who are concerned might know it well, but it shows that the situation is not restricted to just courts, rather it is about the whole of this institution. The public, political parties, military establishment, and the judiciary are all look responsible for this situation. Has not the judiciary ever supported the establishment?
Is not the military establishment blamed for legitimizing its actions through courts? All of it happened. It just weakened this society. The role of some judges, a few generals, and some politicians cannot be denied of damaging the reputation of this institution. If the ongoing tendency is not stopped, it will be damaging for Pakistan. Now the court will hear Vawda and Kamal on the 5th of June and let’s see what happens.
(Senior journalist Rana Kashif has authored this article)
