Statements against institutions: SC to hear plea against Imran, Fawad, Shireen

ISLAMABAD: The Supreme Court (SC) will take up next week a petition, filed for restraining former prime minister and Pakistan Tehreek-e-Insaf Chairman (PTI) Chairman Imran Khan from making ‘hateful’ statements against the state institutions. A two-member bench, comprising Justice Ijazul Ahsen and Justice Mazahir Ali Akbar Naqvi, will hear the petition on September 8.

In his petition, Qausain Faisal submitted that the PTI chairman and other leaders of his party including Chaudhry Fawad Hussain, Shireen Mazari and others were inciting people against the country’s institutions. He prayed to the court to take action against them, and media should be barred from broadcasting their speeches.

The SC registrar office had returned the petition by raising objections over it. Later on, the petitioner filed a chamber appeal against the registrar’s objection, and during the hearing the petitioner argued that his petition was related to enforcement of fundamental rights and required to be treated under Article 184(3) of the Constitution.

Justice Syed Mansoor Ali Shah, while hearing the chamber appeal, set aside the objections and directed the registrar office to fix the matter before an apex court bench. On the last hearing, held on August, 4, Justice Yahya Afridi questioned as to how it could invoke its original jurisdiction under Article 184(3) of the Constitution for an individual.

The court had directed the petitioner to make preparation and satisfy it as to how his fundamental rights had been infringed upon. The court had also directed the petitioner to submit his reply on the question of maintainability of his petition, and adjourned the hearing until the first week of Sept.

The judge observed the apex court could exercise its original jurisdiction under Article 184(3) of the Constitution whenever it considers it appropriate. Justice Ijazul Ahsen asked the counsel as to why the apex court could hear the matter. Whether the court would now initiate proceedings about somebody’s image that might be tarnished,” he asked the petitioner.

“Why you did not provide the court the transcript and CDs of the statements,” Justice Ahsen asked the petitioner, adding that the statements must have been reported by the media. Justice Ahsen observed that nowadays, only few people were reporting correctly.

Justice Yahya Afridi questioned as to whether the higher judiciary could be weaken due to such type of statements. “The apex court has the jurisdiction under Article 204 of the Constitution and to initiate contempt proceedings against anyone for ridiculing the judiciary,” Justice Yahya Afridi told the petitioner. Justice Afridi told the petitioner it would have been better for him to approach the other forums for seeking relief.