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Thursday April 25, 2024

Contemners not to be spared: SC

By Sohail Khan
October 31, 2018

ISLAMABAD: The Supreme Court on Tuesday declined unconditional apology rendered by Aamir Liaquat Hussain in a contempt case against him field by Independent Media Group, Jang and Geo Group for using derogatory language and observed that contemnors will never be spared and will be indicted.

A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar resumed hearing in the contempt petitions filed by Independent Media Group, Jang and Geo Group against Aamir Liaquat for using derogatory language.

On September 11, the court had announced to indict the PTI MNA from Karachi and former anchorperson of Axact's TV Aamir Liaquat for using derogatory language against Jang Group and its journalistsafter rejecting his unconditional apology and directed the attorney general to prepare a charge sheet for the alleged contemnor.

The petitioners had prayed the apex court to initiate contempt proceedings against Aamir Liaquat as the court had conditionally allowed continuing his programme on the condition that he will abstain from using derogatory words against anyone, however, he did not comply with the court orders. The petitioners had contended that despite giving affidavit to the apex court not to air derogatory remarks in his programme ‘Aisa Nahi Chalay Ga’, he used derogatory language against Jang and Geo Group besides issuing decrees of traitors, terming Chief Executive of Jang and Geo Group Mir Shakil-ur-Rahman, Mir Ibrahim and anchorperson Shahzeb Khnazada as Indian agents.

“After going through the contents of reply, filed by the alleged contemnor, we would like to frame a charge against him and let the learned attorney general prepare the charge sheet for next week,” Chief Justice Mian Saqib Nisar had announced in the order.

The court directed the counsel for the petitioners and respondent to coordinate for the indictment after which both the counsels agreed for September 27, the date for indictment. “We are not sitting here to be insulted,” said the court. The court on August 18 had held that case of contempt has been established against the alleged contemnor Aamir Liaquat under Article 204 of the Constitution.

“There remains no doubt that a prima facie case of contempt has been established against the alleged contemnor Aamir Liaquat under Article 204 of the Constitution read with Section 17 of the Contempt of Court Ordinance 2003,” the court had ruled and had issued notice to the respondent Aamir Liaquat under Article 204 of the Constitution read with Section 17 of the Contempt of Court Ordinance, 2003. He shall submit his reply within 15 days of the issuance of this order.

On Tuesday, Aamir Liaquat again tendered unconditional apology before the court. However, the chief justice declined his apology and said that they will maintain the dignity and respect of the court.

"Again I tender unconditional apology and leave myself at the mercy of this august court,” Aamir Liaquat pleaded. However, the chief justice said let charge be framed against him. The chief justice recalled that on last hearing of the case they had asked Additional Attorney General Aamir Rehman to prepare charge sheet for the indictment of the accused. Aamir Rehman was not available in the court at which the chief justice said that they will resume the hearing again after concluding another case. Later, the case was not taken up for hearing.

On last hearing, Counsel for Jang Group contended that the court had passed an order on March 6, 2017, in Civil Petition No. 541/2017, passing the directions with regards to respondent No. 1 (respondent) wherein the court had ruled that without causing any prejudice to the authority of Pemra as per the provisions of Section 27 of the Ordinance of 2002 (PEMRA Ordinance 2002), it directed that Aamir Liaquat shall not conduct or broadcast, re-broadcast or distribute any programme, which in any way whatsoever is against the ideology of Pakistan, or is likely to create hatred among the people or is prejudicial to the maintenance of law and order or is likely to disturb public peace and tranquillity or endangers national security or is pornographic, obscene or vulgar or is offensive to the commonly accepted standards of decency; and that he shall not engage in any practice or act which amounts to abuse of media power by way of harming the legitimate interests of another licensee or wilfully causes damage to another person; and that he shall not perform any act or conduct himself in any manner that violates the code of conduct of media broadcasters or cable TV operators (the code of conduct).

The counsel contended that after the said order of the court, Aamir Liaquat again conducted programmes against Jang Group, violating the court orders, adding that video clips are available with them.

The counsel for Aamir Liaquat played a video clip of Aamir Liaquat wherein he was referring to an anchorperson of ZEE TV Sudhir Chaudhry, alleging him of taking bhatha for running a statement.

Justice Saqib Nisar observed that the video clips so far shown portrays that the alleged contemnor is terming Mir Shakil-ur-Rahman as father of Bharat and Mir Ibrahim as son of Bharat.

The counsel for the alleged contemnor said that Aamir Liaquat was referring to an anchorperson of ZEE TV calling him son of Bharat but not to Mir Shakil-ur-Rahman. At this the chief justice while addressing the counsel said that they want to compare both the video clips.

“We are also understanding and you too as well,” the CJP had told counsel for Aamir Liaquat adding that the body language speaks as well.

The court had announced that the alleged contemnor will be indicted on September 27 with direction to additional attorney general to prepare the draft for charge sheet and adjourned further hearing.