ISLAMABAD: The Supreme Court on Friday noted that the former Prime Minister Imran Khan has not directly given assurance to Court regarding holding the PTI protest on 25th May.
Justice Ijaz observed Pakistan Tehreek-e-Insaf Chairman Imran Khan had not directly given any assurance to the apex court. It has to be proven that the assurance to the top court was given on the instructions of the PTI chief. “If there is any misrepresentation, it will be on behalf of (the lawyers) Babar Awan and Faisal Chaudhry,” he added.
A five-member bench, headed by Chief Justice Umar Ata Bandial, on Friday, heard the contempt petition of the federal government against Imran Khan.
Salman Akram Raja, representing the PTI chief, informed the court that Imran, himself, never came to D-Chowk. Upon that, the chief justice remarked that the ex-PM himself did not come but had asked his workers to reach the area. It has to be seen whether those arriving at D-Chowk were locals or part of the long march, he added. Justice Bandial further said: “Let me make it clear that contempt of court proceedings are not for punishing anyone. Contempt of court action is to enforce court orders.”
Justice Sayyed Mazahar Ali Akbar Naqvi asked Salman Aslam Butt, who was appearing on behalf of the Interior Ministry, to explain how D-Chowk is a restricted area. The ministry’s counsel replied: “D-Chowk is in the Red Zone where protests are not allowed.” “Back in 2014, they, the PTI (had) paralysed the Supreme Court and the Parliament by staging sit-ins on Constitution Avenue and (had) blocked all kinds of traffic from the main avenue.” However, Justice Naqvi remarked that the court will not be affected by what happened in the past.
During the proceeding, Justice Yahya Afridi said: “When the agencies’ reports are available, then the court can process them, itself.” He questioned why the government needed to request initiation for contempt of court. “If the court considers it necessary, it will take contempt of court action,” he added.
The CJP said the apex court itself had asked for the information which has been brought forward. He said the larger bench started hearing when the long march was over.
Justice Mazahar inquired from Butt, “How could the ministry file an application in the matter which is already infructuous?” and maintained that the contempt matter is between the court and the contemnor.
Regarding the video evidence presented by the ministry to substantiate contempt against the ousted premier, the judge questioned whether a forensic of the video was conducted.
Butt, while commenting on the deposed prime minister’s statement that he “unknowingly violated” the apex court’s May 25 order, said he has a full record of the fact that the court order had reached Imran. He asked the bench; “how many times would the top court allow Imran to give incorrect statements in this matter,” claiming that the call to reach D-Chowk was given on May 24. “I will also submit (the) USB along with the content. It contains statements of PTI leaders,” he told the bench.
Butt said Imran has misstated before the apex court, adding the jammers can only be installed with the government’s permission. He; however, went on to state: “Even though there were jammers, the PTI leaders continued to use mobile phones.”
Justice Naqvi then questioned, “How should the Supreme Court determine who is wrong and who is not?” He added that the apex court is not a trial court that will record evidence. He further stated that the matter on which the government’s application is based has now become ineffective.
The case was adjourned until next week.
Copyright Business Recorder, 2022
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