The Supreme Court (SC) issued contempt of court notices on Friday to Senator Faisal Vawda and Muttahida Qaumi Movement-Pakistan (MQM-P’s) leader Mustafa Kamal over press conferences questioning the judiciary.
The case was heard by a three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and included justices Naeem Akhtar Afghan and Irfan Saadat Khan.
The apex court took suo motu notice of the former federal minister’s press conference in which he criticized the judiciary and asked Islamabad High Court (IHC) judge Babar Sattar to present evidence supporting his allegations about spy agencies meddling in the judiciary.
Additional Attorney General (AAG) Aamir Rehman appeared before the court.
At the outset of the hearing, CJP Isa inquired from the AAG whether he heard Vawda’s presser, to which he responded that he heard some of it, not all.
Read IHC responds to Vawda on Justice Babar Sattar’s citizenship
The court then questioned if the content of Vawda’s presser was contemptuous.
The CJP maintained that opinion can be given on subjudice matters and that a lot more has been said about him.
He questioned whether such actions were intended to diminish the respect of institutions. The CJP asked if an entire institution should be disrespected because of the wrongdoing of one man. “If I have done something wrong, tell me, don’t point fingers at the entire judiciary,” he remarked.
“Lawyers, judges, and journalists include both good and bad people,” he noted.
The chief justice acknowledged potential flaws within the judiciary. Explaining his earlier remark, he stated that the responsibility for the sins of a father should not be placed on the son.
Justice Isa emphasized his efforts to enhance transparency in judicial matters and noted that he even reduced his powers in order to achieve it.
The court remarked that the “weakest individuals” are those who resort to carrying guns and hurling abuses.
CJP Isa continued to comment further on his stance regarding the futility of personal attacks referring to a specific incident. “A commissioner claimed I rigged elections. How can a chief justice rig elections? Such allegations are not made in civilized societies,” he remarked.
Referring to Vawda and Kamal’s presser, Justice Isa maintained, “They took advantage of my neglect, and thought that they should also make a speech”.
CJP Isa categorically said he would never defend those who validated martial laws and stressed that any punishment for his wrongdoings should not be extended to other judges.
The apex court noted that such remarks were uncommon in civilized societies which is why contempt of court notices are not issued there.
The court questioned the “needless clamour and theatrics” when the court was open to constructive criticism.
“Why choose a press club for such statements instead of speaking in Parliament?” CJP Isa questioned. He said the MQM-P leader came forward following Vawda’s presser, noting that both opted for a press conference despite being elected members of parliament who could have addressed their concerns in the house.
However, the court reiterated that discussions about judges’ conduct were not permissible even in Parliament.
Chief Justice Isa directed his remarks towards the AAG, stating, “The responsibility now lies on your shoulders. Should show-cause notices be issued, or only notices?”
The court emphasized the importance of acknowledging mistakes and moving forward constructively.
“Mistakes were made, they should be accepted, and we should move forward,” the CJP remarked.
The court adjourned the hearing till June 5 after issuing notices to the political leaders.
Additionally, the court requested the submission of video recordings and transcripts of the press conferences conducted by both individuals.
Vawda’s presser
Addressing a press conference in Islamabad on Wednesday, Vawda said it was about time for Justice Sattar to back up his claims about agencies’ meddling in judicial matters with solid evidence. He said a lack of proof raised several questions about the credibility of the judges’ allegations.
Justice Sattar was one of six IHC judges who, in March this year, accused the country’s intelligence agencies of using coercive tactics to pressure judges of Islamabad’s lower and high courts.
Later, in a letter to IHC Chief Justice Aamer Farooq, Justice Sattar reportedly disclosed that a “top official” from the security establishment had threatened him to back off from scrutinizing surveillance procedures in an audio leaks case.
Vawda said if there was any evidence of interference in the judiciary it must be presented, as the court does not proceed without evidence or proof. “My reputation was tarnished, but now we will publicly disgrace those who want to tarnish the reputation of Pakistan. Stop targeting institutions—enough is enough,” he added.
Read more Vawda says he stands by his remarks presser
A day later, the IHC registrar issued a statement in response to Vawda’s queries regarding Justice Sattar’s citizenship.
The letter noted that the information sought by the IHC from a lawyer being considered for elevation or appointment as a judge does not include information regarding his residency or citizenship of any country other than Pakistan.
“Such residency/citizenship is not a disqualification for a judge under the Constitution of the Islamic Republic of Pakistan, 1973,” it said
The letter further noted that the conversations between a potential candidate for appointment as a judge or his interview with the IHC chief justice or senior puisne judge are not communications of which record is maintained and minutes taken.
Vawda, who was disqualified for having dual nationality at the time of the submission of his nomination papers ahead of the July 2018 general elections, asked in the Wednesday press conference why the restriction of renouncing one’s dual nationality applied only to politicians.
