ISLAMABAD: Former Attorney General of Pakistan has written a letter to the Chief Justice of Pakistan, seeking to initiate ‘judicial and criminal contempt’ proceedings against PMLN Vice President and Chief Organizer Maryam Nawaz for scandalizing judges of super judiciary in her Sargodha public gathering.
بریکنگ
سابق اٹارنی جنرل انور منصور نےمریم نواز کیخلاف خط چیف جسٹس کو لکھ دیا
مریم نواز نے سرگودھا جلسے میں سپریم کورٹ ججز کیخلاف گفتگو کی ،بغیر ثبوت کے ججز،سپریم کورٹ پر الزامات لگائے،چیف جسٹس سے عدالت کی ساکھ،تکریم اور ججز کے وقار کے تحفظ کے لیے فوری کارروائی کی استدعا pic.twitter.com/k1NSg3J3vF— MM News (@mmnewsdottv) February 28, 2023
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In his letter, Anwar Mansoor Khan said “it is very unusual for me to write such letters but as a very senior counsel/advocate, considering myself a part of the judicial system and administration of justice, I feel it my duty to place before you the fad that occurred on 23rd of February, 2023 at Sargodha. Our judiciary is our pride and honour, which we are bound to protect, wherefore I am compelled to pen this letter. I have no grudge nor any personal enmity against Madam Mariam Nawaz however, on hearing the speech that she delivered on the 23rd of February, 2023 at Sargodha, in front of the general public abusing her position in the Pakistan Muslim League Nawaz and at the jalsa before the general public, with a view to rouse their sentiments against the judges and the Supreme Court purposely, with obvious motivated intent, with a view criticize and bring the Supreme Court as also individual judges to disrepute, with improper motives and imputing them without authority, proof or document, amounts to scandalizing the court as also the judges through personal criticism.”
Anwar Mansoor Khan further wrote “it is my duty as a Senior Advocate of this Honorable Court to place the information before you Sir, that it is the majesty of this Honorable Court and the authority of this Honorable Court that is purposely being marred by the language used, the manner it is delivered, the tone and tenor and the threat being given”
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He wrote “in addition, my bringing up this this topic of criticizing the individual judges at the stage when the Suo Moto case regarding the General Election of the Provincial Assembly is being heard by the 9 Members Bench of this Hon’ble Court where amongst other judges, the two Honorable judges namely Mr. Justice Ejaz-ul-Ahsan and Mr. Justice Sayyad Mazahar Akbar Naqvi are a part thereof. Sir , the purposive act of Madam Marium, shows a clear intent, which amounts to or has the effect of obstructing the administration of justice. Such actions on part of any public figure, is in fact an attack on the judiciary and its independence.”
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Addressing the Chief Justice of Pakistan, the former Attorney General said “I am giving the site and where this is being displayed, and in addition to the public being addressed, millions of persons have heard this and it continues to be heard. The sound recording of the speech made by Madam Mariam Nawaz may be called for from PEMRA, heard and Sir you may decide whether you wish to proceed against the concerned for personal criticism through the ‘judicial and criminal contempt’ under Sections 6, 9 and 11 of the Contempt of Court Ordinance, 2003 read with Article 204(2) of the Constitution of the Islamic Republic of Pakistan.”
He said “the allegations made in the speech also relate to some audio recording stated to have been leaked through unknown sources, without making a reference to the person recording the same against Mr. Justice S. Mazahar A. Naqvi and the allegations against Mr. Justice Ijaz ul Hasan being, that he was the part of the Bench of the Supreme Court of Pakistan deciding the ‘Panama Leaks’ case against her father Mian Muhammad Nawaz sharif. The allegation as to the audio leaks being unsubstantiated, without any proof or document cannot be and should not be used against the judges of the Supreme Court of Pakistan or for that matter any judge of any superior court. As to the learned judge sitting on the bench deciding the Panama case, may I state that it is a decision of the Supreme Court of Pakistan, and not of an individual. Bringing this in the forefront amounts to bringing the Honorable Supreme Court to disrepute. Doing so is not only illegal, but is also a cause of concern trying to pressurize and coerce the judges to do what they require and thereby compromising the independence of judiciary. The Supreme Court of Pakistan has held, that information obtained through any unlawful means where the source is not available cannot be used as evidence against any individual let alone the judges of the superior courts. Publically announcing and making allegations without credible proof, and not acting per Article 209 of the Constitution is far worse Sir, if this is allowed to continue without any action as contemplated by Article 204(2) which categorically states; that A court shall have power to punish any person who , abuses, interferes or obstruct the process of court or who scandalizes the court or brings a judge of a court into hatred ridicule or contempt.”
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Concluding his letter, Anwar Mansoor Khan said “it is now on the court to proceed on the basis of these facts being laid before this Honorable Court, for securing the majesty, integrity, safeguard, independence and confidence of the Judiciary in accordance with the Constitution and the law.”
