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Print Print 2019-11-02

Scandalising judiciary: Firdous served another contempt notice

Accepting unconditional apology on the earlier notice served on Special Assistant to Prime Minister for Information and Broadcasting Dr Firdous Ashiq Awan, Islamabad High Court (IHC) on Friday issued another contempt of court notice to her for scandalisin
Published November 2, 2019

Accepting unconditional apology on the earlier notice served on Special Assistant to Prime Minister for Information and Broadcasting Dr Firdous Ashiq Awan, Islamabad High Court (IHC) on Friday issued another contempt of court notice to her for scandalising the judiciary. The notice said that Special Assistant to Prime Minister for Information and Broadcasting Dr Firdous Ashiq Awan in her press conference, on October 29, made statement regarding an interim order passed by the IHC in a pending criminal appeal titled 'Mian Muhammad Nawaz Sharif vs NAB.'

"You publicly attempted to give an impression, as if this court extends some special dispensation to the appellant Mian Muhammad Nawaz Sharif, which amounts to prejudicing the pending proceedings. "By doing so, you prima facie made an attempt to influence proceedings of pending appeal and acted with intent to divert the course of justice and thereby committed a criminal contempt within the meaning of clause (b) of Section 2 and Section 6 of Contempt of Court Ordinance, 2003 punishable under 5," said the notice.

The court directed her to explain in writing within three days and appear in-person on November 5, 2019 to explain as to why she may not be convicted for the offence of criminal contempt under the Section 5 of Contempt Ordinance, 2003. Earlier, Firdous Ashiq in pursuant to the court order appeared before a single-member bench of IHC comprising Chief Justice Athar Minallah.

The Chief Justice said the courts had always exercised extreme restraint and ignored any matter relating to personal criticism of a judge or scandalizing the court. To this extent, the IHC accepted unconditional apology of the special assistant. However, the court said Dr Firdous had to satisfy that her statements made during the press conference were not intended to prejudice the pending proceedings before this court.

Prejudicing pending proceedings or attempting to influence the court in a matter pending before it adversely affects the right of fair trial of litigant. The earlier show cause notice is, therefore, withdrawn and a fresh show-cause notice is issued under Section 6 read with Section 5 of Contempt of Court Ordinance, 2003 for allegedly committing criminal contempt by, prima facie, attempting to prejudice the pending proceedings and influencing the court. The alleged contemnor is directed to submit her written reply on or before 04-11-2019. The office is directed to re-list the petition on 05-11-2019. Dr Firdous Ashiq Awan is directed to appear in person on the next date of hearing.

Copyright Business Recorder, 2019

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