SC CONTEMPT NOTICE

[lettertoshahid]

The Honourable Supreme Court of Pakistan has issued a contempt notice to Dr. Sher Afghan a Parliamentary Secretary. The Supreme Court inherits a deep respect in mind of educated and honest people of this country. The illiterate, semi literate and masses from different walk of life joined in it recently when a brave chief of the Supreme Court refused to become another Dr. Abdul Qadeer and stood brave. It touched heart of masses as if it was their own voice. The politician parties for many years had totally failed to move the ordinary masses without often tall claim and millions marches. The masses at their own, without any call, without any supervision of any leaders came out not caring of day or night, sun or rain but just to silently salute the brave symbol of judiciary.

In my personal view the SC in the first instance should not had taken any note of statement of Dr. Sher Afghan as the honour and respect of SC today stands so high and deep in heart of masses that few words of people like Sher Afgan do not reach even to the foot of SC. Dr. Afghan well knows the law. He remembers the clauses of Constitution even while sleeping. In my personal view seeing his insecure political future in the coming set up he has adopted the old technique to get popularity. Experience is that if from third world if any one does not get UK visa for a rightly visit, he can raise a stern voice against his own ruling government, get into the jail and this will help him in getting a London Visa. Sher Afghan has used the same technique. He wanted to become a “shaheed” through this way and any subsequent jail, if sentenced. In our part of the world one who goes to jail gets an authenticated stamp of his being a popular leader. I am afraid if he is sentenced he will surely succeed in next election as a “political shaheed” and on his sentenced many more may follow his suit.

Now that SC has take note of contempt, as a tax payer citizen I humbly pray that the SC may kindly consider if Dr. Sher Afghan made those remarks as Parliamentary Secretary or at his personal capacity. If his remarks are as Parliamentary Secretary then if convicted he should then not be entitled to contest the election. The Indian Supreme Court a few years back declared that in future any loss caused to the State due to any negligence will be recovered from personal pocket of concerned negligent government servant. Our Federal Ombudsman termed this decision of Indian SC as a land mark judgment. Unfortunately such things remain land mark for us only to appreciate but not such good things applicable to us. In case the remarks of Dr. Sher Afghan are as Parliamentary Secretary, it is prayed that SC may declare that all legal charges including lawyer fees are paid by Dr. Sher Afghan personally and not from the national exchequer.

 

[AgNoStiC MuSliM]

I am not sure I agree with the way "contempt of court" is defined in Pakistan (at least as it seems to me). The judiciary is human after all, it cannot be expected to be completely infallible. Why shouldn't citizens have the right to criticize their decisions if they disagree? It is a different matter altogether if a person refuses to obey a judgment or directive of the court, but to drag people off to court every time they vocalize a disagreement with a decision is ludicrous. It is no different from what a "dictator" or "tyrant" would do.

 

[HAIDER]

Whats big deal sarcastic impression of " emergence of justice party". On some unpredicted judicial reservations of SC. Niazi is bab-e-constitution...

 

[niaz]

Whats big deal sarcastic impression of " emergence of justice party". On some unpredicted judicial reservations of SC. Niazi is bab-e-constitution...

No doubt Supreme Court is the highest court of the land and the Comtempt of Court notice is their right. Never the less once a decision has come, one has a right to disagree with it. The case is no longer subjudice. Are you going to punish all who scream injustice when the decision goes against them??

However just to show justice in Pakistan works:

ZAB was hanged as a result of a decision by full bench of Supreme Court. This means that he is a convicted criminal. However, he is universally known as "Shaheed" by all PPP supporters.
Attack on Supreme Court was engineered by the Sharifs. Did any one hear of a contempt of Court notice against BB or NS. ??

I agree with Sher Afghan, CJ appears to be biased and this is making entire Supreme Court biased. Nearly all the decisions of the Supreme Court have been short decisions wherein evidence presented by the government was 'Disallowed' and no reason given.

IMO, it is no doubt wrong of a judge to decide in favour of Govt due to fear. It is however equally wrong by the Justices to decide against Govt out of vindictiveness.

 

[bhangra12345]

No doubt Supreme Court is the highest court of the land and the Comtempt of Court notice is their right. Never the less once a decision has come, one has a right to disagree with it. The case is no longer subjudice. Are you going to punish all who scream injustice when the decision goes against them??
.

Even if the SC is biased, or anything. What will happen if from every time, a person loses his case, he accuses the SC of nepotism and such stuff? The "right" of the court as being a just and final arbiter is being questioned. If that is encouraged it leads to undercutting the judiciary itself.

Now being a parliamentary secretary, if that govt servant has contempted the SC, then the SC is 100% right in doing what it did.

Normally in India, when such notices are given, if the defendant gives an unqualified apology, then he is let-off lightly. Note, this is the norm only in India, I dont know the rest of cases.

However just to show justice in Pakistan works:

ZAB was hanged as a result of a decision by full bench of Supreme Court. This means that he is a convicted criminal. However, he is universally known as "Shaheed" by all PPP supporters.
Attack on Supreme Court was engineered by the Sharifs. Did any one hear of a contempt of Court notice against BB or NS. ??

That the court has done wrong previously doesnt mean it continues it. Did the court gain any respect at that time due to their actions? What it did at that time was completely wrong. Not correcting it today will be a bigger wrong.

I agree with Sher Afghan, CJ appears to be biased and this is making entire Supreme Court biased. Nearly all the decisions of the Supreme Court have been short decisions wherein evidence presented by the government was 'Disallowed' and no reason given.

Personally, you or I, without giving media publicity can say it. But a govt servant saying it???? It completely changes the equation. If the evidence is wrong or cannot be treated correctly giving fair treatment to the other side, that evidence has to be disallowed. If the govt cannot give good evidence which can even be considered, throw the govt lawyer out and hire new ones.

IMO, it is no doubt wrong of a judge to decide in favour of Govt due to fear. It is however equally wrong by the Justices to decide against Govt out of vindictiveness

True, but sometimes the best response is simply bear this CJ for his time period otherwise the whole institution of judiciary can collapse- which I see as the bigger problem.

the SC in the first instance should not had taken any note of statement of Dr. Sher Afghan as the honour and respect of SC today stands so high and deep in heart of masses that few words of people like Sher Afgan do not reach even to the foot of SC.

So you are saying that when the respect is low, it can throw cases left,right and centre? That the dirt at present doesnt reach the SC right now, doesnt mean it should give a precedent, especially when treating a govt servant.