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ISLAMABAD: The PPP leadership
and activists would clearly commit a punishable act
by protesting or using improper language against the
judicial verdicts such as in the NAB Chairman
Justice (retd) Deedar Hussain Shah's case.
Experts expressed
unanimity in their views that observing a protest
day or organising demonstrations would not only be a
contempt of court but also an inappropriate way to
react on a court judgment, whether favourable or
unfavourable.
Former Chief Justice
Saeeduzzaman Siddiqui, Justice (retd) Tariq Mehmood,
Ahmed Awais, Advocate, and a number of other experts
were contacted to obtain their opinion on the PPP's
protest plan after the Supreme Court declared null
and void the chairman NAB's appointment.
"The whole party
would be responsible because such decisions are
taken on the central command's direction and not at
a lower level," said former CJ Saeeduzzaman Siddiqui
while talking to The News.
He said neither the
protest call could be given nor a demo could be
arranged against the court decisions. "It is not a
good step to announce a protest day or hold demos in
civilized societies."
Justice Siddiqui said
the PPP must have averted such a plan, as it would
create more complications the country could
ill-afford. "We must follow the Constitution and
laws." The experts referred to Article 204 dealing
with the contempt cases and Article 189 and 190 for
execution of judicial orders. "All executive and
judicial authorities throughout Pakistan shall act
in aid of the Supreme Court," what the Article 190
provides.
"As a court judgment
becomes public property, every citizen has the right
to criticise within certain limitations but not in
form of protest demos," says Justice (retd) Tariq
Mehmood, a well-known constitutional expert, when
contacted.
The PPP, he said,
should have at least reserved its reaction till the
announcement of the detailed verdict. "I think it is
not appropriate to announce demonstrations before
exercising the review option and studying the
decision thoroughly."
"Any attempt to
malign or scandalise the judiciary or judges could
never be a proper way of reaction," the former
justice further said. "Yes, contempt articles apply
on such cases." However, he called for exercising
the contempt clauses only up to a minimum possible
extent. "We can declare a judgment wrong or right or
criticise it but cannot malign the judiciary or its
decisions."
Asked about the
central command, he simply said, "It is understood
that the workers cannot stage a demo without go
ahead signal from their respective party high-ups.
But I am surprised that a man like Taj Haider has
given the protest call."
Another expert Ahmed
Awais, who lost the last SCBA election against Asma
Jahangir, was clear in his views that the PPP's
reaction in the form of demonstrations or Law
Minister Babar Awan's statement fall under the
category of contempt of court."
"They, the PPP
leadership and those speaking against the decision
in public, are liable to be punished under contempt
of court proceedings," the expert said
categorically.
Awais maintained that
an individual or a group is barred from coming out
on streets against the courts and its' judgments.
"The party leadership is equally responsible if even
it leaves the workers free to protest in whatever
style they want."
"A Court shall have
power to punish any person who,
(a) Abuses,
interferes with or obstructs the process of the
Court in any way or disobeys any order of the Court;
(b) Scandalizes the
Court or otherwise does anything which tends to
bring the Court or a Judge of the Court into hatred,
ridicule or contempt;
(c) Does anything
which tends to prejudice the determination of a
matter pending before the Court; or
(d) Does any other
thing which, by law, constitutes contempt of the
Court," what Article 204 (2) provides.
Under Artice 189 titled "Decisions of
Supreme Court binding on other Courts," provides:
"Any decision of the Supreme Court shall, to the
extent that it decides a question of law or is based
upon or enunciates a principle of law, be binding on
all other courts in Pakistan."
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