ISLAMABAD: Pakistan Tehreek-i-Insaf chairman Imran Khan was summoned on Tuesday to appear before the Islamabad High Court (IHC) on August 31 as prosecutors are considering charging him with contempt after he threatened a woman judge, who approved the remand of his chief of staff Shahbaz Gill in a sedition case.
A three-member bench — headed by Justice Mohsin Akhtar Kayani and consisting of Justice Babar Sattar and Justice Miangul Hassan Aurangzeb — observed that the PTI chief’s remarks against the additional district and sessions judge (ADSJ) were “highly inappropriate” and “uncharitable”.
The court directed Islamabad Advocate General Jahangir Khan Jadoon to provide additional security to the judge as Mr Khan’s remarks could jeopardise her safety.
The bench issued a show-cause notice to Mr Khan and a notice to the attorney general. It referred the matter to the IHC chief justice to increase the number of judges on the bench. “This is a matter of public importance and relates to the administration of justice. Therefore, we want to decide it once and for all,” Justice Kayani said.
Court terms PTI chief’s remarks against ADSJ who granted Gill’s remand ‘highly inappropriate’
The bench served notice on Mr Khan under Section 17 of the Contempt of Court Ordinance 2004. As per the section, contempt proceedings “shall be commenced by the issuance of a notice, or a show-cause notice, at the discretion of the court”. Besides, it says the alleged contemnor “shall appear in person” in response to a show-cause notice.
During Tuesday’s hearing, Advocate General Jadoon told the high court that on behalf of the state, he had filed a civil miscellaneous application to bring some facts related to the Aug 20 speech of Imran Khan on judicial record.
“We will not spare you,” Mr Khan said in the speech that named the police chief and the judge involved in the case against the aide. “We will sue you.”
He accused the judiciary of showing a “biased” attitude towards his party, saying that it should brace itself for consequences. He also threatened the sessions judge with dire consequences for handing over the custody of Shahbaz Gill to the Islamabad police.
Justice Kayani remarked that this was not a threat to a judge, but the sanctity of the entire judiciary had been jeopardised.
He said the people came to court as an option of last resort to settle their dispute and it would lead to anarchy if we allowed some influential people to hijack the judicial system since people would take the law into their own hands.
The court then asked the advocate general whether the PTI chief should be issued a notice or a show-cause notice, to which he replied that a show-cause notice should be issued based on the first impression.
The advocate general said Mr Khan censured the sessions judge while she was hearing the criminal revision related to Mr Gill’s remand case and the matter was not only pending before the said judge, but it was also being heard by the IHC.
Justice Kayani wondered how someone could utter such remarks while the matter was sub judice. Mr Khan also threatened the inspector general of police in his speech, he said, adding that such a mindset would lead to anarchy as the institution could not work in such an environment.
Legal expert Kashif Ali Malik recalled that it wasn’t the first time Mr Khan was facing contempt proceedings. In 2013, the Supreme Court dropped contempt charges against Mr Khan and advised that “politicians and other public figures … are expected to use more decent and guarded language … so as to show their intellect, maturity of mind and wisdom qua respect to various national institutions and present themselves as role models”.
Published in Dawn, August 24th, 2022
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