Anti-Judiciary Remarks: Supreme Court Issues Notices To Faisal Vawda, Mustafa Kamal

The top court has directed the two lawmakers to appear in-person before the bench at the next hearing and explain themselves. It questioned the need for theatrics and emphasised its openness towards constructive criticism

Anti-Judiciary Remarks: Supreme Court Issues Notices To Faisal Vawda, Mustafa Kamal

The Supreme Court Friday issued show-cause notices to independent Senator Faisal Vawda and Muttahida Qaumi Movement-Pakistan's (MQM-P) leader Mustafa Kamal, for their alleged contemptuous press conferences against judges of the superior courts, mainly Justice Babar Sattar of the Islamabad High Court (IHC).

The top court has directed the two lawmakers to appear in-person before the bench at the next hearing and explain themselves.

The notices were issued as Chief Justice of Pakistan Qazi Faez Isa headed a three-judge bench. The other members of the bench include Justice Naeem Akhtar Afghan and Justice Irfan Saadat Khan. 

The bench observed that on the surface, it appears that Faisal Vawda had committed contempt of court. 

Chief Justice Isa asked the Additional Attorney General (AAG) Amir Rehman whether the latter had heard Vawda's presser.

The AAG responded that he heard parts of it.

The court then asked if the AAG believed the contents of Vawda's presser were contemptuous.

"If a case is pending in the court, then opinion can be given," the chief justice said, adding, "much more" was said against him. He went on to ask whether such actions were intended to diminish the respect for institutions.

"But will you start reducing the respect of institutions? If I have done something wrong, tell me, not the court," the chief justice remarked.

"Lawyers, judges, and journalists include both good and bad people," he noted. The chief justice went on to acknowledge the potential flaws within the judiciary, noting, "Maybe I have also seen 500 defects in this institution."

He explained his remarks by stating that the responsibility for a father's sins should not be placed on the son. He further questioned whether such statements were meant to lower the dignity of the judiciary.

Justice Isa emphasised his efforts to enhance transparency in the top court and remarked that he had attempted to transfer his powers to achieve transparency. 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, he mentioned how "a commissioner claimed I rigged elections. How can a chief justice rig elections? Such allegations are not made in civilised societies."

"One commissioner accused me, and the whole media broadcasted it," recalled the chief justice. After the incident, CJP Isa gave a statement of clarification, but no further inquiry was conducted.

Referring to the press conferences conducted by Vawda and Kamal, CJP Isa observed that they had taken advantage of his neglect and thought that they should also make a speech.

"If I have done something wrong, name me directly. We will not allow the institution to be targeted," he warned, asserting that institutions belong to the people and defaming them does not serve the country.

The chief justice said he would never defend those who validated martial law and stressed that any punishment for his wrongdoings should not be extended to other judges.

"If I have done something wrong, its punishment cannot be given to other judges," he said.

The bench noted that such remarks are uncommon in civilised societies, so contempt of court notices are not issued there.

The court questioned the need for theatrics and emphasised its openness towards constructive criticism.

"Why choose a press club for such statements instead of speaking in Parliament?" Chief Justice Isa questioned.

The court said Kamal came forward to hold a press conference after Vawda's presser and that both had opted to hold press conferences despite having the (protected) forum of Parliament available to them as elected representatives.

The court, however, went on to assert that discussions about the judges' conduct are not permissible in Parliament.

Chief Justice Isa told the AAG that the responsibility now lies on the latter's shoulders.

"Should show-cause notices be issued, or only notices? Now the weight is on your shoulders," the chief justice told the AAG.

The chief justice said that if contempt of court proceedings are initiated, then assistance would be sought from AAG. 

The court emphasised the importance of acknowledging mistakes and moving forward constructively.

"Mistakes were made; they should be accepted, and we should move forward," the chief justice remarked.

"Criticise us before us," the chief justice said.  

The court decided to take up the case again on June 5.

The bench also directed the government to submit video recordings and transcripts of the press conferences conducted by both individuals.

The writer is an Islamabad based journalist working with The Friday Times. He tweets @SabihUlHussnain