ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Tuesday filed a provisional reply to a show cause notice for threatening an additional sessions judge of Islamabad, not tendered an apology, but only regretted his remarks uttered in the public rally.
A five-judge larger bench headed by Chief Justice Athar Minallah and comprising Mohsin Akhtar Kayani, Justice Mian Gul Hasan Aurangzeb, Justice Babar Sattar, and Justice Tariq Mehmood Jehangri will hear the contempt case against former prime minister Imran Khan Wednesday(Aug 31).
A three-judge bench headed by Justice Mohsin Akhtar Kayani, and comprising Justice Mian Gul Hasan Aurangzeb and Justice Babar Sattar on August 23 had issued a show cause notice to former prime minister Imran Khan over his remarks against the Additional Sessions Judge, Islamabad, Zeba Chaudhry.
The PTI chairman’s reply, filed by a panel of six lawyers, headed by senior advocate Hamid Khan, said that though no record was sought at this stage it became necessary to bring on the record certain constitutional legal and factual aspects of the matter. It is only the provisional reply, and may seek indulgence of the IHC to supplement it.
The present proceedings initiated on the basis of office note of Deputy Registrar of IHC dated 22.08-2022. The petitioner said that the note of the Deputy Registrar by no such stretch of the imagination could amount to criminal and judicial contempt.
They submitted that the Registrar has no power to initiate such a note on newspaper clippings. The present proceedings have been initiated without jurisdiction and the same are liable to be withdrawn. Thus, the show cause notice may kindly be withdrawn in the interest of justice. They further stated that the High Court under section 4(2) of the Contempt of Court Ordinance 2003 to take suo motu.
The counsels submitted that no contempt of court had been committed by the PTI chairman (respondent) and the IHC deputy registrar took the words selectively from the speech made by the respondent at a public rally at F-9 Park on August 20. These words were taken totally out of their context and an impression was given as if the respondent intended to take the law in his own hands.
He submitted that it is the legal right of every citizen to complain about the conduct/misconduct of a judge or any public functionary in accordance with the law.
Copyright Business Recorder, 2022
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