ISLAMABAD: Islamabad High Court Chief (IHC) Justice Athar Minallah on Friday rejected a plea searching for a contempt of court docket motion in opposition to PML-N leaders for criticising former chief justice of Pakistan Saqib Nisar, observing that the ‘contempt of court docket’ legal guidelines don’t apply on the criticism of former judges, not even when they retired because the apex decide of the nation.
The petition in opposition to PML-N Vice President Maryam Nawaz and former prime minister Shahid Khaqan Abbasi had been moved within the IHC over their newest remarks in opposition to ex-CJP Nisar.
Maryam, in an in depth press convention held on Wednesday, had censured the highest decide over the lately surfaced audio clip during which a person, allegedly Nisar, is heard issuing instructions for wrongful conviction or detention of Maryam and PML-N supremo Nawaz Sharif.
The retired CJP, nevertheless, has already strongly denied that the allegations of issuing any extra-judicial or unlawful directives in any corruption instances in opposition to the Sharifs. He has stated the audio clip in query has been fabricated and he’s considering what sort of authorized motion he’ll take in opposition to it.
The petitioner Kalsum Khaliq, had contended in her plea that Maryam and Abbasi tried to scandalise the judiciary by way of their statements concerning the retired chief justice.
She had requested the court docket to provoke contempt of court docket proceedings in opposition to each PML-N leaders.
During the listening to, Justice Minallah famous that the sufferer, on this case, can declare defamation by way of the courts.
Declaring the plea non-maintainable, he additionally remarked that contempt of court docket legal guidelines don’t shield from criticism a retired particular person, even when they’re a former chief justice.
“First of all, judges are open-minded about criticism. There is no contempt of court for a retired person, even if the person is a former chief justice. Judges are in a very high position and criticism should be welcomed,” he said.
In the order, the IHC CJ stated that the petitioner was offended over the criticism of the former chief justice.
The IHC said that after retirement, judges are not part of the bench and are common citizens and can approach alternative forums to get justice.
“Contempt law can only be used when it is done in the public interest.”
Maryam, Abbasi criticise former CJP
On Wednesday, Maryam Nawaz had addressed a hard-hitting press convention during which she demanded ‘solutions’ from the previous CJP.
She had requested Nisar to “come forth” and tell the nation who “pressured” him and whom it was that he “couldn’t refuse” regarding her conviction and that of her father, former prime minister Nawaz Sharif, in the Avenfield apartments reference.
Maryam, addressing the former CJP, had said: “Whether at the moment, or tomorrow, you’ll have to inform the nation the reality. There continues to be time. Come forth, inform the nation who pressured you to condemn Nawaz Sharif if it was unwarranted? Who pressured you to condemn Maryam Nawaz, if it was with out benefit. And who instructed you that Imran Khan must be dropped at energy?”
“Who was it that you would not refuse, regardless of being the chief justice of Pakistan on the time?” she had stated, repeating the talking points from the audio circulated by journalist Ahmed Noorani as an authentic recording of a conversation between the former chief justice and an unknown individual.
“Why had been you pressured to take an unlawful, unconstitutional step?” she had requested.