The Islamabad High Court (IHC) Monday issued contempt of court notice to Federal Minister for Aviation Ghulam Sarwar Khan for terming the release of former prime minister Nawaz Sharif as a result of a "deal" between the government and the Sharifs.
The IHC also dismissed the request of Dr Firdous Ashiq Awan, Special Assistant to the Prime Minister to separate her case from Sarwar Khan. However, the court noted that she had held a press conference in government capacity and Khan had also given a statement and that is why the two cases would be heard together and deferred the proceedings till November 14.
A single bench of IHC comprising Chief Justice Athar Minallah heard the petition and directed Ghulam Sarwar to appear before the court in person on the next hearing to be held on Thursday.
The IHC bench noted in its order, "Keeping in view the nature of allegations made in this petition, it is treated as having been filed under the Contempt of Court Ordinance, 2003. The office is directed to issue notices to respondents No. 1 to 3. The Pakistan Electronic Media Regulatory Authority and the TV channel "Hum" are directed to submit recording of the programme referred to in the petition along with its transcripts before next date fixed."
It added, "Respondent No. 1 [Ghulam Sarwar] is directed to appear in person and explain why show cause notice may not be issued for criminal proceedings under the Contempt of Court Ordinance, 2003."
The court verdict stated that it is alleged that Ghulam Sarwar Khan has made public statements whereby impression was given that the medical reports submitted by the Medical Board constituted by the government of Punjab which also included medical specialists from institutions controlled by the federal government, were manipulated.
"A responsible member of the federal cabinet was thus allegedly suggesting that this court was misled by false and manipulated medical reports of the officially appointed Medical Board. Contempt proceedings are pending against the Special Assistant to the Prime Minister relating to statements made by her while giving briefing to the press/media in an official capacity after the meeting of the federal cabinet. Such statements by responsible members of the federal cabinet, prima facie, are tantamount to prejudicing the proceedings pending before this Court besides undermining public confidence in the institutions including the Judiciary," said the bench.
Justice Athar maintained that it is alarming because when members of the federal cabinet give the impression of a purported deal then either it is intended to prejudice pending judicial proceedings or indict the government itself. This indeed has consequences in the context of public confidence in the administration of justice.
He continued, "It is noted that public confidence is the foundation of a strong, effective and independent judiciary. The courts do not fear criticism nor discourage it by exercising powers of contempt. But prejudicing pending proceedings and right to fair trial of an accused cannot be ignored because it is tantamount to obstruction of justice and undermines public confidence in the system. It is the duty of the courts to safeguard the sanctity of judicial proceedings and right to a fair trial of every litigant regardless of the nature of crime."
The court noted that it is obviously least expected from a member of the federal cabinet to make public statements which tend to, prima facie, influence pending proceedings and undermines public confidence in the administration of justice. The allegations against respondent No. 1 are of a serious nature because it raises serious concerns regarding medical reports of the Medical Board and on the basis whereof interim orders have passed by this court.
The court order said that Dr Firdous Ashiq Awan, Special Assistant to the Prime Minister of Pakistan who was present in the Court, has stated that no such statement has been made by any member of the federal cabinet let alone respondent No. 1. However, she has sought time to place on record transcripts of the alleged assertions made by respondent No. 1.
During the course of hearing, Dr Awan said that her case had no relation to that of the federal minister for aviation. However, Justice Athar said that she had held a press conference in official capacity and Khan had also given a statement and that is why the two cases would be heard together and deferred the proceedings till November 14.
In this matter, an Islamabad-based lawyer Khalid Mehmood Khan moved the court and cited the federal minister and Pakistan Electronic Media Regulatory Authority (PEMRA) as respondents.
He stated in his petition that in a talk show on a TV channel, Ghulam Sarwar was talking about the "deal" between the government and leader of Pakistan Muslim League (N) and alleged that the release of Nawaz and Maryam Nawaz is a result of a "deal" between the government and the former prime minister.
He adopted that being a citizen of the country, the petitioner has a basic right to know about the fact whether such kind of "deal" was matured between Nawaz Sharif and government, if answer is yes then it is question mark on the independence of the institution of this country and if the answer is no then why a responsible leader of Pakistan Tehreek-e-Insaf and federal minister of this country gave such kind of irresponsible statement on a TV channel.
According to the petition, "The act of the respondent No. 1 [Sarwar] is an act to malign the dignity of this honorable court which accepted the petition and granted bail to Mian Nawaz Sharif ... hence the statement of respondent No. 1 falls in the ambit of contempt of this honorable court."
It added, "The court has ample power to summon respondent No. 1 in person before this court and punish him under the relevant provisions of law."
The petitioner maintained that the act of the federal minister reflects that the health institutions, jail authorities, medical board and all other institutions of Punjab as well as federal government were involved in the alleged "deal".
"It was very unfortunate statement of the respondent No. 1 which also reflects that the judicial institutions of this country also played a role in the alleged 'deal,'" contended the petitioner.
Therefore, he prayed to the court to direct Sarwar to appear before this court in person and explain the facts of the purported "deal" between Nawaz Sharif and the government as well as other institutions which were included in the execution of such type of "deal" and if his statement is against the facts and based upon mala fide intention then he may be punished under the relevant provisions of law in the best interest of justice.
Copyright Business Recorder, 2019
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