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Thursday March 28, 2024

Courts forgive if forgiveness sought: Asma

By Amir Riaz & Numan Wahab
February 02, 2018

LAHORE: Commenting on the punishment handed down to Nehal Hashmi in a contempt of court case, human rights activist and former president of Supreme Court Bar Association, Asma Jahangir said she, being a lawyer, could not defend the words of Nehal Hashmi against the superior court judges. However, the apex court should not have sought an apology from Hashmi if they were determined to convict him.

“With all due apology (to judges), if you (judges) make personal remarks while sitting on the bench, you should not expect (good) from people,” she added. She said the courts lose their dignity if they use contempt of court law frequently. She said courts forgive when forgiveness is sought, adding the courts should maintain high standards and dignity that no one should dare to make derogatory remarks against the judiciary.

She said there is difference between a speech and obstruction, explaining that the same apex court had pardoned Nawaz Sharif and others for physically attacking the court in 1996. The enforcement of law should be in a consistent manner and the same principle should have also been applied in Hashmi case.

Member Pakistan Bar Council Azam Nazir Tarar said the contempt law is used to maintain discipline to keep the habitual criminals and blackmailers at bay from the courts. He pointed out that chief justice of Pakistan Mian Saqib Nisar had declared judiciary as the elder of a village and the elder should have shown grace and pardoned Hashmi after he had tendered an apology. He said the apex court, in the contempt case against Babar Awan, Imran Khan and Ardeshir Cowasjee had accepted their apology and Hashmi should have been treated in the same manner.

He said the SC had set an example in Hashmi case for future courts as to how to handle and deal with the contempt of court cases. He said in the judicial history of the US, spread over 200 years, contempt law had been used rarely.

Former president SCBA and constitutional jurist, Abid Hassan Manto, said the contempt law should be exercised in extreme cases, especially when the courts feel severe threats to their dignity and existence. The use of contempt law should be selective and the Bar and the Bench should devise a mechanism to avoid happening of such incidents. He said the court should have allowed Hashmi go free after admonishing and issuing a strong warning to him.

Pakistan Bar Council member Yasin Azad said the contempt law should be abolished and the institutions should dignify themselves that people respect institutions and vice versa. Politicians cursed the parliament, but no action was taken against them.

Hashmi should have not been punished after he had thrown himself at the mercy of the court. Former judge of the Supreme Court Justice (retd) Wajihuddin said Hashmi had committed the contempt of court and used objectionable and disturbing language against judges.

“I think the apex court has shown leniency by handing him down one month imprisonment while they were at liberty to award six-month jail term,” he added. He said in other countries, the contemnors are handled in the same way.

Former president SCBA and PPP Senator Aitzaz Ahsan said: “Actually, the PML-N’s abuse of judges and the judicial process has been so vicious and unseasoned over 18 months that it has to come to this pass. Even now they are not realising severity of their rant.

“I have never ever seen or heard such a vicious and prolonged campaign to vilify the judiciary as what PML-N’s ‘Galam Galoch’ Brigade has conducted over the past year and half. They have threatened, they have accused, they have provoked large crowd to disobey and reject judicial verdict. They have attributed malice and phantom authorship. They have alleged that judicial verdicts by the apex court are being dictated by the Army and they have not stopped. “So I think there had to be a time when the court would take notice.

“Although I believe that in order not to be discriminated against, notice should have been taken in the first instance of Nawaz Sharif’s malignant speeches. This is not a small matter. The court and general public have run out of patience. In a civilised world, more important and more relevant than the court’s outstretched patience is the fact that nobody can even think such language would be employed regarding the Supreme Court of the United States or Supreme Court in the UK or any other country. Not even in India. So the question of judges recourse to the contempt law does not arise in the civilised world."

Former president SCBA Ali Ahmad Kurd said: “The matter for me is not about taking sides. In addition to being a lawyer and a member of the legal fraternity, I have been a political activist all my life; therefore, I can weigh this issue from both angles.

“I have served my entire life to support and serve poor and deserving people of this country. I’ve spent a significant period of my life behind bars. I see it through political lens and I believe that this decision would add to the already present political chaos in the country which would have far-reaching consequences.”

He said: "Courts exercise restraint and they should do so. Restraint practised by the courts is in no way any benefaction to the people because in the end it benefits the court in the form of greater trust and respect by the people."

The head of the bench, while reserving the judgment, had stated that he should have tendered an apology as court isn’t to punish people in contempt of court cases. Contempt of court act isn’t for conviction rather we have a big heart. He was pursued to beg for an apology but in today’s judgment, while despite that he was punished very harshly politically and it would have grave consequences in the coming days."

Talking to Jang, SCBA president Pir Kalim Khurshid said the contempt law, in the form of an ordinance, had been made under Article 204 of the constitution and the courts have been using this law. Laws about contempt of court are in place in all other countries. He said many instances could be cited when the courts resorted to applying this law as it helps them protect their honour. Senior lawyer Salman Akram Raja said it is the spirit of the law that whosoever commits contempt of court has to face it, and court have the authority to initiate proceedings.