Ex-CJP moves SC to try PM for contempt

ISLAMABAD: Former Chief Justice of the Supreme Court Justice Jawwad S Khwaja on Monday requested the apex court to initiate contempt of court proceedings against Prime Minister Mian Shehbaz Sharif for his failure to implement its order of May 7 in military court’s case.

Justice (retd) Jawad S Khwaja filed a petition in the Supreme Court under Article 204 of the Constitution read with section 3 to 6 of the Contempt of Court Ordinance, 2003 and Order XXVII of the Supreme Court Rules, 1980. He prayed the apex court to initiate appropriate contempt of court proceedings against prime minister, as Chief Executive of the Federation, for its disobedience of the court’s order of May 7, 2025 in intra court appeal.

On May 7, 2025, a seven-member constitutional bench of the apex court headed by Justice Aminuddin Khan had allowed trials of May 9 suspects in the military courts after restoring the clauses of Army Act 1952 which were declared earlier as ultra vires the Constitution and of no legal effect by the apex court. The court had allowed Intra Court Appeals (ICAs) of Federal Government, Ministry of Defence as well as Ministry of Interior against the apex court judgment that had declared trail of civilians in the military courts as unconstitutional. The Shuhuda Foundation Balochistan as well as government of Punjab and Balochistan had also filed intra court appeals against the apex court judgment. Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhter Afghan and Justice Shahid Bilal Hassan. The court by majority 5-2 had allowed the Intra Court Appeals and set aside the impugned judgment, dated 23.10.2023, rendered by the learned bench of the apex court

In the contempt petition, the former Chief Justice Jawad S Khwaja submitted that the seven member constitution bench had noted down in its judgment delivered in May 7, 2025 that the learned AGP reiterated that if the Constitutional Bench refers the matter to the Government/Parliament to amend the law and create a window of an independent right of appeal over and above the provision of appeal already provided under Section 133-B of the Pakistan Army Act, 1952, that will be respected and considered seriously. The court referred the matter to the Government/Parliament for considering and making necessary amendments/legislation in the Pakistan Army Act, 1952, and allied rules within 45 days, he said. Contending that the 45-day period provided for passing the legislation has lapsed, and the government’s actions constitute a willful disobedience of the court’s order. No system can function if the federation flouts time-bound court orders. “Consequently, it is the prime minister that is liable for contempt of court for failure on the part of the federal government to comply with a court order,” Justice (retd) Jawaad S Khwaja submitted. He prayed the apex court to initiate appropriate contempt of court proceedings against the prime minister.