IHC doesn’t believe in contempt of court laws: CJ

ISLAMABAD: Islamabad High Court Chief Justice (CJ) Athar Minallah remarked on Friday that the IHC did not believe in the contempt of court laws.

“If someone says something wrong, let them do so. This court does not believe in the contempt of court laws.” “The court will not restrain anyone from criticism, but that criticism should be based on truth,” he remarked during the hearing of a petition, filed by the Pakistan Federal Union of Journalists (PFUJ) against harassment of media persons across country.

The IHC CJ said “A campaign is under way against me also. It makes no difference to the court. The truth has to come out one day”. Justice Athar Minallah, however, asked journalists they should think over it whether that was correct what they were doing. Every court’s repute is linked with its decisions and conduct. The court reporters know it better. “Whosoever has to do anything is free to do it. It makes no difference. But think over it, what you are doing,” the IHC chief justice said.

“Kashif Abbasi is present here. He strongly criticizes the court. This court is happy over it no matter how much you criticise it. What I don’t know they tell the nation,” the chief justice added. “Time will tell on whose side this court is standing. Neither this court was impressed by anything earlier nor will it be in future.”

The CJ said the IHC was the only court against which a campaign of every kind was launched. “Criticism is power of this court,” remarked CJ Athar Minallah.

PFUJ Counsel Shah Khawar told the court cases were registered against journalists in Karachi and Islamabad. The petitioner was arrested in Karachi, and later the court discharged the case.

The CJ remarked that it seemed to the court for the last three years that journalist was a bigger threat to the country. “We could not restore the Constitution fully so far. All will be ok if the constitution is fully revived in this country,” he remarked.

PFUJ President Afzal Butt told the court that it had directed the FIA and the PFUJ to look into the cases against journalists. But nothing positive happened as more cases were being registered against journalists at other places.

Saqib Bashir, president of Islamabad High Court Journalists Association, told the court one journalist was arrested by the police, detained for five days and subjected to torture. The police had handed over that journalist to the FIA, he regretted.

The court remarked “it seems you are not leaving this court for this reason”. The PFUJ president told the court journalists were being disappeared. They were being suppressed. “Please order stopping it,” he pleaded with the court.

The court remarked that the report on journalists came from the UN, and the entire report was related to the cases against journalists. “The cases which have been referred therein are pending hearing in this court. This letter contained the name of Matiullah Jan, Asad Toor Absar Alam, Gull Bokhari and others,” said CJ Athar Minallah.

The IHC CJ said journalists associations, parliament and federal government would have to think over it as to why the UN was telling us about it. “Can any chief executive say we don’t know these things? They kept on saying for three years that this court is friend of someone. Now friendship has changed and they say now it is someone else friend.

“You should have not come to the court. The federal government should have looked into this matter,” remarked the chief justice. PFUJ Secretary General Lala Asad Pathan told the court that Sabir Shakir and Arshad Sharif had gone abroad [for fear of the government action against them].

The court remarked that it should be submitted in writing in the court that the state was no more there. “The UN letter is enough for all of them. Does the government want another letter to come to us? There should be no bar on freedom of speech for revival of the Constitution. Always wrong campaign has been unleashed with reference to this court,” Justice Minallah said.

Anchorperson Kashif Abbasi told the court “good things are also said about you. We were waiting for your arrival”. The PFUJ president requested the court the authorities should be restrained from arresting anyone till Sept 5. The court said it could not issue such a blanket order.

Shah Khawar told the court record of cases against journalists should be called from the interior ministry. The court remarked “we have no jurisdiction up to the provincial governments”. The court told PFUJ representatives “tell us about journalists who are facing such incidents. The executive has failed in giving basic rights. Journalists are being arrested and harassed all over the country,” remarked the IHC chief justice.