Petition on ‘hateful statements’: Judge asks why SC should take up the matter

ISLAMABAD: The Supreme Court raised questions over the maintainability of a petition seeking to restrain the Pakistan Tehreek-e-Insaf (PTI) Chairman, Imran Khan, and PTI leaders from making hateful statements against the institutions.

A two-judge bench comprising Justice Ijazul Ahsan and Justice Yahya Afridi on Thursday heard the petition of Qausain Faisal, advocate Supreme Court, seeking to restrain the PTI chairman and PTI former ministers from making defamatory and derogatory statements in public or social media against the army, superior judiciary, and the Election Commission of Pakistan (ECP).

During the proceeding, Justice Ijaz inquired from the petitioner’s counsel that which of the fundamental rights of his client have been violated. He further asked why the petitioner has not approached the relevant forums. He stated how this is a matter of public importance that the court could intervene under Article 184(3) of the Constitution, adding why the court should hear this matter.

Advocate Hassan Raza Pasha, representing the petitioner, replied; “Imran Khan and other leaders of the PTI made derogatory statements against the ECP, the apex court, and the armed forces.”

Justice Afridi observed that the petitioner counsel’s arguments are vague. He questioned; “Have the courts been weakened due to someone’s comments.” He said the Court has the authority under Article 204 to issue contempt notice and take action against someone if it deems so.

“Your job was to inform the court, which you have done so, that is it,” he stated, adding; “It would have been appropriate for you to have gone to another forum for proceedings.”

“The petitioner is a Pakistani citizen and his sentiments were hurt by the statements made against the institutions,” responded the lawyer. Upon that Justice Ijaz said; “Will the court now take action if someone’s feelings are hurt?”

The bench also asked the petitioner to submit transcripts and relevant material to establish that respondents gave statements against state institutions.

Regarding the PTI leaders’ statements against the institutions, Justice Ijaz said: “the statements may have been reported on the media”, adding “only a handful is reporting correctly these days”. He said; “The court must be made aware of why it should intervene in such cases.”

The counsel sought time to submit the transcripts and further material. The bench accepting his request adjourned the case until the first week of September.

Qausain, on June 28, had filed a petition in the apex court under Article 184 (3) of the Constitution, stating that since the removal of the PTI government, Imran Ahmad Khan Niazi, Fawad Chaudhry, Shireen Mazari and PTI leaders have been issuing unfounded, provocative, highly defamatory and derogatory statements in public interviews, political rallies or through various other means, in both print and electronic media, including social media, which are designed and calculated to tarnish the public image superior judiciary, armed forces and the ECP.

Fawad Chaudhry, former Minister for Information, presently PTI spokesman, Shireen Mazari, former Minister for Human Rights, and other party leaders of the PTI, in a very blatant manner, compromised the constitutional role of the armed forces under the Constitution and made them liable for political shenanigans to which the ISPR has issued time and again various statements denying any role of armed forces in politics of Pakistan.

Copyright Business Recorder, 2022