Jamiat Ulema-i-Islam-Fazl (JUI-F) MNA Noor Alam Khan submitted a invoice on Tuesday to repeal the Contempt of Court docket Ordinance, 2003, calling the ordinance inconsistent with the Structure in accordance with clause 2 of Article 204.
The ordinance had repealed the Contempt of Court docket Act 1976.
Final week, the Supreme Court docket restrained TV channels and different media retailers from broadcasting, rebroadcasting or publishing the “contemptuous” pressers of lawmakers Faisal Vawda and Syed Mustafa Kamal, warning that failing to take action would appeal to contempt proceedings towards them.
A 3-page order issued by the SC in a contempt case towards Senator Vawda and MNA Kamal for his or her latest outburst towards judges defined that every one those that broadcast, rebroadcast or publish materials constituting contempt may be committing contempt of court docket.
Media retailers ought to desist from doing so, failing which they could even be proceeded towards, for contempt of court docket, the SC order had said.
The MNA’s invoice, a replica of which is obtainable with Daybreak.com, mentioned: “The Contempt of Court docket Ordinance 2003 was promulgated to manage the powers of courts to punish the contempt of Court docket. Nonetheless, this ordinance isn’t in keeping with the provisions of clause (2) of Article 204 of the Structure.”
Based on the Structure, clause 2 of Article 204 states: “A court docket shall have energy to punish any one that abuses, interferes with or obstructs the method of the court docket in any approach or disobeys any order of the court docket; scandalises the court docket or in any other case does something which tends to convey the court docket or a choose of the court docket into hatred, ridicule or contempt; does something which tends to prejudice the willpower of a matter pending earlier than the court docket; or does every other factor which, by legislation, constitutes contempt of the court docket.”
The invoice proposed that the ordinance, having “failed to realize the specified aims”, be repealed till a substitute legislation was created by Parliament.
In a dialog with Daybreak.com, Alam said that after the invoice — which was accepted by the NA Secretariat — is handed within the meeting, no court docket would have the ability to use the contempt of court docket legislation.
“This can finish the contempt of court docket legislation and till the federal government legislates a brand new legislation, the contempt of court docket legislation is not going to exist,” Alam mentioned
Ban on twin citizenship judges, court docket officers’ appointment
A separate invoice by the MNA which was additionally accepted by the NA Secretariat referred to as for a ban on the appointment of an individual with twin citizenship as a choose or an officer of the court docket.
Kamal in his press convention final week, mentioned twin citizenship of judges was a “huge query mark” and the judiciary must be made answerable on this difficulty, whereas Istehkam-i-Pakistan Celebration’s Awn Chaudhry termed it a disaster that may result in an “anarchy within the nation”.
Alam’s invoice requires amendments to Articles 177 (appointment of Supreme Court docket judges), 193 (appointment of excessive court docket judges) and 208 (officers and servants of courts) of the Structure.
Judges of the excessive courts and SC “will need to have their stakes within the nation wherein they maintain positions of authority, privilege and trustworthiness”, the invoice mentioned.
It mentioned that people who held twin nationality had been “placing the curiosity of the nation of their origin in danger” and that there was a “want to make sure the loyalty of the judges” in mild of Article 5 (loyalty to state and obedience to structure and legislation) of the Structure.
The invoice mentioned it sought to realize the above aims.