Skip to main content

Pak Prez Zardari signed the Contempt of Court Bill, 2012

Pakistan Supreme Court to take up a number of identical petitions challenging the Contempt of Court Act 2012 from July 23 and has issued notices in this regard to the federation and attorney general.The stand-off between the parliamentarians and judiciary hot up and the process of democratization of Institutions em battles for their authority,when the state needs people government for their participation.
President Asif Ali Zardari on Thursday signed the Contempt of Court Bill, 2012, into law after it was passed by the National Assembly and Senate under Section 248(1) of the Constitution exempting all government office holders, including the prime minister and other ministers, from court proceedings under contempt charges.
The Contempt of Court Act 2012, however, was challenged in the apex court for being violative of articles 2-A, 4, 5, 25 and 204 of the Constitution. Those who had challenged the Contempt of Court Act 2012 included Muhammad Sidduique Baloch, Mahmood Akhtar Naqvi and others.
On Friday, a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, heard the petition, filed by Baz Muhammad Kakar and another versus the Federation of Pakistan through Secretary, Ministry of Law. The hearing was held at the Quetta Registry.
"The petition filed under Article 184(3) of the Constitution called in question the constitutionality of the Contempt of Court Act 2012 being inter alia in violation of articles 2-A, 9, 14, 25 and 204 of the Constitution of Pakistan," said the petitioner. "Counsel for the petitioner relied on the term 'any person' used in Article 204(2) of the Constitution, and contended that sub-Clause (i) of the proviso of Section 3 of the Act curtails the power and the jurisdiction of the Court to punish any person, who abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court. The classification of sub-Clause (i) to the proviso to Section 3 of the Act, 2012 is violative of the Article 25 of the Constitution, which guarantees equal protection of the laws."
The petitioner further contended that the Contempt of the Court Act 2012 is also violative of the independence of the judiciary, guaranteed by Article 2-A, 175 and 190 of the Constitution. He further contended that various provisions of the Act 2012 are in derogation/inconsistent with the fundamental rights guaranteed by the Constitution of Islamic Republic of Pakistan.
After hearing the case, the chief justice issued a notice to the federation and attorney general in terms of Order 27-A CPC to examine inter alia the questions raised in the listed petition. Similarly, the chief justice directed his office to club together all such petitions, which are identical on the subject matter instituted before this Court by different petitioners and said notices in those petitions also be issued to the respondents and attorney general in the same manner.
The chief justice further directed that the respondent(s) and the attorney general may file concise statements if advised and desired before the next date of hearing, and the pleadings shall be exchanged between the parties before the commencement of the hearing of the petitions.
The chief justice directed that all these cases be fixed in Islamabad on July 23, 2012 and all concerned be informed accordingly. SC press release adds: In compliance with the Court order dated 13.07.2012 in Constitution Petition No 77 of 2012 and CMA No 3057 of 2012 (Baz Muhammad Kakar and another versus Federation of Pakistan through Secretary Ministry of Law) notices have been issued to Attorney General and all respondents - Prime Minister Raja Pervaiz Ashraf through principal secretary; federal law minister; Senate chairman through secretary, Senate Secretariat; National Assembly speaker through secretary, National Assembly; secretary, Cabinet Division; secretary, Establishment Division; and Federation of Pakistan through secretary Ministry of Law and Justice and Parliamentary Affairs. Meanwhile, all the 11 petitioners have also been informed accordingly.

Comments

Popular posts from this blog

ch-,l-ih- }kjk tkjh izsl foKfIr&fnukad 12-09-2016 1-    ch-,l-ih- dh jk"Vªh; v/;{k] lkaln ¼jkT;lHkk½ o iwoZ eq[;ea=h] mÙkj izns'k lqJh ek;korh th }kjk bZn&vy&vt+gk ¼cd+jhn½ ds R;ksgkj ij leLr ns'kokfl;ksa o [+kkldj mÙkj izns'k ds eqfLye lekt ds yksxksa dks gkfnZd c/kkbZ o fnyh 'kqHkdkeuk;saA 2-    bl eqckjd ekSds ij gt dk Q+jht+k vnk djus okys ifjokj ds yksxksa dks [k+kl c/kkbZA ubZ fnYyh] 12 flrEcj] 2016 % cgqtu lekt ikVhZ ¼ch-,l-ih-½ dh jk"Vªh; v/;{k] lkaln ¼jkT;lHkk½ o iwoZ eq[;ea=h] mÙkj izns'k lqJh ek;korh th us leLr ns'kokfl;ksa o [+kkldj mÙkj izns'k ds eqfLye lekt ds yksxksa dks bZn&vy&vt+gk ¼cd+jhn½ ds R;ksgkj dh gkfnZd c/kkbZ o fnyh 'kqHkdkeuk;sa nsrs gq;s dgk fd okLro esa nqfu;k Hkj ds eqlyekuksa dk ;g R;ksgkj vYykg dh jkg esa ml vt+he ¼egku½ dqckZuh dh ;kn esa euk;k tkrk gS vkSj mlh ijEijk dks fuHkkus dh dksf'k'k dh tkrh gS ftldh cqfu;kn gt+jr bczkfge ¼vy-½ vkSj muds csVs gt+jr bLekby ¼vy-½ ...
The Naresh Kumar Sagar Daily HEADLINES    PHOTOS  VIDEOS WORLD LEISURE ART & ENTERTAINMENT SPORTS BUSINESS SCIENCE MORE  Sunday, Nov. 20, 2016   Next update in about 23 hours    Archives Jan Dhan accounts to get Rs 10,000; sop for beneficiaries with nil balance Shared by SonaChele     deccanchronicle.com  - New Delhi: After demonetising Rs 500 and Rs 1,000 notes, the government is considering depositing Rs 10,000 in the Jan Dhan accounts, particularly those with zero balance. This grand, populist gest... Is Kejriwal India's Biggest Scam...The Shocking Inside Story! Shared by sagar     postcard.news  - One may wonder who was kejriwal 5 years back?? Very few people knew about him and his activities. But suddenly in 2011 we saw the emergence of a so called Anti Corruption crusader in the team Anna ... Black Friday and Christ...
The Enkaysagar Holdings PLtd Daily HEADLINES   ART & ENTERTAINMENT SPORTS BUSINESS WORLD EDUCATION LEISURE #ECONOMY #NEWS MORE  Saturday, Aug. 20, 2016   Next update in about 24 hours    Archives The Unconventional 13-Minute Workout That Helps UFC Fighter Conor McGregor Knock Out Opponents In 13 Seconds Shared by SMOOTHTECH|PRO     menshealth.com  - Truth is, McGregor thinks traditional strength training is overrated. “People are so caught up in routine, doing the same thing over and over. I want to be an expert in many different things.” That... Pro athletes and the things they trademark Shared by Value Your Business     money.cnn.com  - That's why they trademark their names, catchphrases and logos -- things they think might turn into money-making ventures down the line. Sprinter Usain Bolt, for instance, trademarked an icon of the... ...