Contempt of court proceedings: Supreme Court seeks opinion from petitioners, respondents

Resuming contempt of court proceedings against real estate tycoon Malik Riaz Hussain on Monday, the Supreme Court sought opinion from the petitioners and the respondents over the question of retrospective or prospective applicability of contempt of court law 2012.
A three-member bench comprising Justice Shakirullah Jan, Justice Ejaz Afzal and Justice Athar Saeed was hearing the contempt of court matter against Riaz. Riaz has been accused of ridiculing the judiciary, particularly Chief Justice Iftikhar Muhammad Chaudhry at a press conference in Islamabad on June 16.
During the course of hearing, Dr Abdul Basit, the counsel for Riaz, appeared before the bench and sarcastically remarked that it was his desire that charges were framed against his client. He termed the new contempt of court law a hurdle in the matter.
The bench adjourned the contempt proceedings against Riaz due to the enactment of new law, Contempt of Court Act 2012. However, the court directed the counsel for Malik Riaz and petitioners to present legal opinion about the law under which charges should be framed against Riaz.
In response to the application of Dr Basit to exempt Malik Riaz from making personal appearance before the court, the bench had issued notices to parties concerned.
The petitioner's counsel argued that till the suspension of order to frame charges against Riaz, present proceedings could not be adjourned. Ashraf Gujjar, former president Islamabad High Court Bar Association, contended that Dr Basit had stated that the new contempt law had not been framed for his client and it could be thrown into the dustbin, but now he was shielding his client under the new law. Justice Mian Shakirullah Jan said they had studied the new contempt law "that says that with the filing of appeal the proceedings should be stopped."
Attorney General for Pakistan Irfan Qadir said that after the filing of an intra-court appeal proceedings of the case could not continue further. He said that there was a need to identify the law under which hearing of the appeal would be conducted.
The AGP said if it was concluded that Contempt of Court Ordinance 2003 would be applied for the proceedings then it would create constitutional and legal complications. According to him, the new law says that all the old contempt laws stand abolished with the enactment of new contempt law. In order to sort out this issue, the court adjourned the hearing till July 31 with the directions to all the parties to give their legal opinion on it.