'Contempt of Court' case against Imran Khan: Updates & Discussions.

[Rafael]

If you're aware of the language of legal system. There were two parties in this case Raja Zafar ul Haq vs ECP. The case wasn't like Raja Zafar ul Haq vs ECP,PPP,PTI or Raja Zafar ul Haq, PTI,PPP Vs ECP. So while PTI and PPP were the potential effectees, they were not the parties to the petition. Though it would have been better if SCP would have also sought the opinion of PTI and PPP but the principal responsibility remained with ECP since it was the body with which the interests of all three parties were attached. SCP asked the ECP, ECP shifted the responsibility on SCP.
Secondly, had this petition be delayed and heard after the elapse of period under petition i.e. last ashra of Ramahzan, what would be the purpose of that hearing?

Similarly, if the petition of PTI about election rigging is heard 3-4 years from now after the backlog of 20,000 petitions, what would be the purpose of that hearing since this govt. would have almost completed its term?

As for the rest of your post, you have already agreed that court should have heard PPP and PTI before giving verdict. The justice should be seen to be done. The impression is building that the courts are tilted towards PML-N and their recent actions have only validated this further more.

And did I forget Asghar Khan case? What happened with it? Arsalan Iftikhar?

 

[pkuser2k12]

But you haven't answered me clearly, IK is now claiming that PTI was the biggest contributor. I can't recall any significant mentioning of PTI in the whole movement.
And yes by all means do post that video.

in ptis capacity he means the contribution

and pmln cant do damn without pti,ji,media and most important lawyers

apni party walon ki video dakhtay raho aur post b kar dayna

 

[Jazzbot]

Seriously, what was the role of IK and PTI in judiciary restoration movement? I know PPP lost 50 supporters, I know PML-N's final thrust, I know Kurd,Ietezaz and other lawyers going from city to city. But where did PTI figure in Judiciary restoration movement?

Nawaz greets nation over restoration of deposed judges

GUJRANWALA: Pakistan Muslim League-N Quaid Mian Nawaz Sharif announced on Monday to call off the long march. He congratulated the whole nation over the reinstatement of deposed judges.

Addressing a charged long march rally here, Nawaz termed the restoration of Justice Iftikhar Chaudhry a big success and a prelude to positive change.

He said Justice Iftikhar did not bow down to the dictator.

He said that the decision to call off the long march has been made after consultations with Jamaat-e-Islami Ameer Qazi Hussain Ahmed, Pakistan Tehreek-e-Insaf Chief Imran Khan and Supreme Court Bar Association (SCBA) President Ali Ahmed Kurd.

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Iftikhar’s reinstatement victory of President, PM: Javed Hashmi

ISLAMABAD: Pakistan Muslim League-N leader Makhdoom Javed Hashmi has dubbed the reinstatement of deposed Chief Justice of Pakistan Justice Ifitikhar Muhammad Chaudhry as victory of the entire nation, lawyers, President Asif Ali Zardari and Prime Minister Syed Yousuf Raza Ginali.

Talking to media outside the residence of the deposed CJ, he lauded lawyers’ movement in securing the deposed CJ’s reinstatement.

“I laud the efforts of media, which have shown their power in order to accomplish the goals”, he expressed his facilitation to media saying, “Nawaz Sharif, Qazi Hussain Ahmed, Imran Khan and Mehmood Achakzai promised to get the deposed CJ reinstated.”

The announcement, PM will make in his address, will make the dreams of 16 million people come true, he hoped maintaining, “I offer my prior greetings to media, lawyers and the CJ over his reinstatement.”

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Imran terms lawyers’ movement as Pakistan’s movement

RAWALPINDI: The leader of Pakistan Tehreek-e-Insaaf Imran Khan said the movement seeking the independence of judiciary is not restricted to any province of Pakistan instead he termed the movement as the Pakistan’s movement.

Talking about the slogans against the Sindh province being chanted during lawyers’ long march, he said this movement is being struggled for the independence of judiciary for the bright future of Pakistan so it should not be related to any particular province.

Souce: Lawyers' long march, sit-in | Special Coverage | GEO TV Network

Source: Daily Express

An Except from a detailed article "The Lawyers Movement in Pakistan"

Containers were installed around the ‘red zone’, which is the main administrative area of the Pakistani government (it hosts the Presidency, the national Assembly, as well as the Supreme Court). That’s where the demonstrators of the long march for the restoration of the judiciary who came into Islamabad from across Pakistan were meant to gather on March 15 of 2009. Several arrests of those leading the movement were made throughout the lawyers movement, including Aitzaz Ahsan, Ahmed Ali Kurd, as well as opposition politicians like Imran Khan and Nawaz Sharif.

Source: The Lawyers Movement in Pakistan

Another detailed article on Lawyer's movement, mentioning Imran Khan's role in this movement: Pakistan Lawyers Movement Setting Course for Genuine Democracy?

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PS: Do you think your leader Nawaz Sharif and the then opposition leader from PML-N Javed Hashmi were praising Imran Khan and his role in CJP restoration movement for nothing?? Like I've said before, it was a collective effort and everyone played his role..

 

[Leader]

I think it is a very honorable thing that Imran Khan is doing. Its high time there is some accountability constituted for the judiciary as well and I think this will lead to that.

how is it high time, secondly who can do that?

 

[Jango]

Babar Sattar tweet:

Legalese aside no sensible CJ would issue contempt notice to head of a political party who's clean. Contempt law is no muzzle or leash.

 

[Awesome]

how is it high time, secondly who can do that?

I primarily feel that way that the court seems to be very lenient to Nawaz Sharif and always upholds any issue Nawaz backs. I hope the judiciary themselves voluntarily submit to them being investigated and questioned on this matter. People are thinking it whether or not SC keeps threatening them into silence with contempt notices or not.

 

[Leader]

I primarily feel that way that the court seems to be very lenient to Nawaz Sharif and always upholds any issue Nawaz backs. I hope the judiciary themselves voluntarily submit to them being investigated and questioned on this matter. People are thinking it whether or not SC keeps threatening them into silence with contempt notices or not.

everybody knows that, but who can hold them accountable,if they dont turn themselves in for accountability, the judicial commission?

 

[Leader]

I primarily feel that way that the court seems to be very lenient to Nawaz Sharif and always upholds any issue Nawaz backs. I hope the judiciary themselves voluntarily submit to them being investigated and questioned on this matter. People are thinking it whether or not SC keeps threatening them into silence with contempt notices or not.

everybody knows that, but who can hold them accountable,if they dont turn themselves in for accountability, the judicial commission?

 

[Fracker]

Holding court accountable for what? working on constitution? What a **** this PTI Followers are asking for!!

Bloody Educated followers don't know about the Law and then speaking. Here are the major points which illiterate PTI Followers need to learn.

1) As per constitution, New President selection need to be done prior to retirement of Old President
2) As per constitution, Appeal can be made on court orders.
3) Speaking on against court orders, outside court comes under "Civil Contempt".

First learn the law then speak Mr. Educated People...

 

[Awesome]

Holding court accountable for what? working on constitution? What a **** this PTI Followers are asking for!!

Bloody Educated followers don't know about the Law and then speaking. Here are the major points which illiterate PTI Followers need to learn.

1) As per constitution, New President selection need to be done prior to retirement of Old President
2) As per constitution, Appeal can be made on court orders.
3) Speaking on against court orders, outside court comes under "Civil Contempt".

First learn the law then speak Mr. Educated People...

Their decisions should be reviewed, ECP alone has the right to form the schedule of the Presidential elections, several judges are being accused of misconduct for changing the schedule on the whims of Nawaz Sharif

Presidential poll: Bar condemns SC

LAHORE: The Lahore High Court Bar Association (LHCBA) has called for three Supreme Court judges including the chief justice to be charged with misconduct – and more serious offences for changing the presidential election schedule.

On July 24, the Supreme Court ordered the Election Commission of Pakistan to bring forward the election from August 6 (Ramazan 27) to July 30. The PML-N government had sought the change, stating that legislators would be busy with prayers on Ramazan 27
The LHCBA general house, at a meeting on Tuesday, adopted a resolution asking the acting president to send a reference against Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Sheikh Azmat Saeed – the judges on the bench which made the decision to reschedule the election to the Supreme Judicial Council.

Changing the election schedule was not in the apex court’s domain, the resolution stated. The Supreme Court’s order represented a subversion of the Constitution, it said.

The lawyers declared that the presidential election on the order of the Supreme Court did not have legal or constitutional validity and the bar did not accept it. They also demanded that the chief election commissioner and provincial election commissioners resign immediately for their failure to conduct the election on the scheduled date.Earlier, addressing the bar members, former Supreme Court Bar Association president Asma Jahangir said that the court had recently passed a series of one-sided decisions. As in previous cases, the SC had not heard all parties in the presidential election case.

Jahangir said that if the decision were overturned on appeal, it would have a bad effect on national politics. She accused the SC of taking over the administrative powers of the government and the Election Commission.

She said that the legal fraternity would not accept the extension of the chief justice of Pakistan, who is due to retire later this year. She said that lawyers would celebrate the end of his tenure by distributing sweets.

She accused the courts of pandering to the media. “The decisions of the courts are different for the media and different on the order sheets. The judges do not write in order sheets what they say during proceedings,” she said.

LHCBA President Abid Saqi said that the bar stood for the rule of law and the Constitution and had always raised its voice against dictatorship, whether military or judicial. He said that the three SC judges should be tried under Article 6 of the Constitution, which deals with high treason.

Pakistan Bar Council Vice Chairman Syed Qalb-e-Hussain, former LHCBA president Ahmad Awais and Mian Jamil Akhtar also spoke on the occasion, criticising the Supreme Court verdict.

The speeches were repeatedly interrupted by groups of lawyers chanting slogans, some against the Supreme Court and some in praise of it.

Published in The Express Tribune, July 31st, 2013.
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The judiciary broke the law. Its not so much so that they broke the law but the reasons behind breaking the law should be investigated. Their finances should be checked, if any of them have taken money or financial benefit from the Sharif family, it should be brought to light.

Contempt of court is not a gag order tool against criticism. I would understand if he did some maan behn ki galian, he called them out on breaking the law, something they are supposed to uphold. Holding IK in contempt would have serious repercussions for Pakistan and diminish the ability of the court to be taken seriously.

 

[Fracker]

Their decisions should be reviewed, ECP alone has the right to form the schedule of the Presidential elections, several judges are being accused of misconduct for changing the schedule on the whims of Nawaz Sharif

Presidential poll: Bar condemns SC



The judiciary broke the law. Its not so much so that they broke the law but the reasons behind breaking the law should be investigated. Their finances should be checked, if any of them have taken money or financial benefit from the Sharif family, it should be brought to light.

ohh come on... where is that ruling? As per constitution, Supreme Court can review any case/issue in the state and SHC orders can only be changed through President or Supreme Court itself. even Kids of 5th class has learned that.. ECP don't have much authority to work against Supreme Court orders.

 

[Sedqal]

Mush-Imo-TuQ alliance

PMLN as usual should focus on PPPP, above mentioned alliance would shoot each other in the back soon enough. Lets not forget another fight between PTI and Army is in the making in KPK which will change the dynamics of court case too.

There is no political challenge from PTI in the foreseeable future, in-fact it is in PMLN's interest that PTI keeps on ruling KPK and becomes a regional force in KPK to keep ANP pinned down. ANP will always be a bigger threat due to its close links with PPP (and the dynamics of Khi which would ensure that ANP will be a part and parcel of Sindh govt too.)

PMLN supporters here should look at these developments from the perspective of power struggle between PMLN and PPPP. The analysis is far more meaningful.

 

[Patriots]

PPPP

 

[Leader]

TEXT OF SUPREME COURT ORDER IN CONTEMPT CASE AGAINST IMRAN KHAN

IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

PRESENT:
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ.
Mr. Justice Jawwad S. Khawaja
Mr. Justice Sh. Azmat Saeed

Criminal Original Petition No.92 of 2013
(Contempt proceeding against Imran Khan, Chairman PTI)

On Court’s Notice: Mr. Muneer A. Malik,
Attorney General for Pakistan

For alleged contemnor: Mr. Hamid Khan, Sr. ASC
Mr. M.S. Khattak, AOR with
Imran Khan

Date of hearing: 02.08.2013

O R D E R

Iftikhar Muhammad Chaudhry, CJ.— Mr. Hamid Khan, Sr. ASC has placed on record two documents in the form of explanations, and he reserved his right to file detailed reply of the notice if need be. Contents of the said explanations are reproduced hereinbelow for reference:-
“EXPLANATION No. 1:
1. THAT Imran Khan has neither committed contempt of court under the law or the Constitution nor would even think of doing so.
2. That Imran Khan has not started any campaign either to scandalize the Court or to bring judges into hatred, ridicule or contempt. On the contrary, he has always struggled to uphold dignity and independence of the Supreme Court and the judiciary in general.
3. That Imran Khan believes in the rule of law, supremacy of the Constitution and independence of judiciary and, for this reason, he and his party was in the forefront of the movement for rule of law and restoration of judiciary.
4. That, after the general elections, Imran Khan has repeatedly requested and appealed to the Supreme Court to redress the grievance of his party which has suffered massive electoral rigging at the hands of ECP and its officials. This clearly establishes that Imran Khan and his party have high expectations from the Supreme Court that justice would be done to them and that their grievance would be redressed.
5. It is respectfully submitted that the notice may kindly be recalled.”

“EXPLANATION No. 2:
Respectfully Submitted
That the press statement was made in good faith on 26th July, 2013 where in reference to the ‘Judiciary’ was for the Returning Officers and/or District Returning Officers (belonging to the Subordinate Judiciary), assigned to the election process.
That Mr. Imran Khan has high respect and esteem for the Supreme Court of Pakistan and has high expectations from this Honourable Court for redressal of the grievances of the PTI arising out of the general elections.”

2. We have drawn his attention towards one of the press clippings (Press Conference of Imran Khan dated 26.07.2013) which is reproduced hereinbelow:-

3. Selection of the words used against judiciary, Mr. Hamid Khan argued, is in a different context, for which explanation has been given and he has pointed out the same verbally.
4. it was pointed out to him that the Judiciary (عدلیہ ) is required to be respected and if there is any grievance, the remedy is available under the law, but using the words “شرمناک “, prima facie, tantamounts to abusing the Judiciary. The Courts try their best to avoid asserting itself in such like situation but are compelled to look into a matter where not only the dignity or respect of a Judge but of the entire Institution is involved, and the Courts are constrained to call for an explanation. The explanations noted above have been examined carefully and are hereby rejected not being satisfactory.
5. Learned counsel has pointed out his grievance in respect of an application which was filed in C.R.P. No.191/2012 in Constitution Petition No.87/2011 (Workers Party Pakistan v. Federation of Pakistan etc.) as far back as 08.06.2013. He further stated that the grievance of the Chairman PTI was that his application is not being disposed of. We have pointed out to him that perhaps the correct facts have not been brought into his notice as this application was returned by the office on the same day by passing the following order:-

“That the above titled C.M.A. filed by you is not entertainable on the ground that instead of making this application in a pending Review Petition the applicant should approach the appropriate forum and avail the proper remedy available under the law, if so advised.
Hence this C.M.A. in C.R.P. 191/2012 in Constitution Petition No.87/2011 is returned herewith in original being not entertainable along with its paper books.”

6. Against the order of the Institution Officer who exercises delegated powers of the Registrar of this Court, a Civil Miscellaneous Appeal No.82/2013 was filed under Order V rule 3 of the Supreme Court Rules, 1980 and thereafter no request has been made for fixation of the case either by the Senior ASC or his AOR. The cases are fixed in the Supreme Court under policy guidelines and wherever there is any sort of urgency, a request is to be made for out of turn fixation of the case, otherwise out of total pendency, which is about 19,000 cases; it is not possible to fix all the cases and dispose them of on the same day. However, by following procedure under Supreme Court Rules, 1980 on an urgent application such appeals could possibly be heard.
7. In addition to the above, learned counsel has been appraised about 31 Election Petitions under section 52 of the Representation of People Act, 1976 filed by the candidates of Pakistan Tehreek-e-Insaf (PTI) before Election Tribunals requesting for, inter alia, examining the thumb impressions of the voters through the process of biometric system, particularly, in respect of the following four constituencies:-

S#
Constituency No.
Election Petition No.
Title of the case
1.
NA 122 Lahore-V
No.11(315)/2013
(Imran Khan Niazi vs. Sardar Ayaz Sadiq and others)
2
NA-125 Lahore VIII
No.11(194)/2013
(Hamid Khan vs. Khawaja Saad Rafiqu and others)
3.
NA-110 Sialkot-I
No.11(344)/2013
(Usman Dar vs. Khawaja Muhammad Asif and others)
4.
NA 154 Lodhran-I
No.11(355)/2013
(Jehangir Khan Tareen vs. Muhammad Siddique Khan Baloch and others)

7. Learned counsel requests for time to file reply of notice. Adjourned to 28.08.2013.

Chief Justice

Judge

Judge

Islamabad, the
2nd August, 2013
Nisar/*

 

[Leader]