MUZAFFARABAD: The Azad Jammu and Kashmir Supreme Court on Thursday dismissed the plea of former prime minister Sardar Tanveer Ilyas for suspension of the high court’s judgement whereby he was disqualified from being the member of the legislative assembly as well as holding any public office for two years.

The application for interim relief was submitted by his lawyers to the apex court along with his appeal on Wednes­day. The appeal, court officials said, was pending completion in the registry, follo­wing which it would be fixed for hearing.

On Thursday, when a full court, headed by Chief Justice Raja Saeed Akram and comprising Justice Khawaja Muhammad Naseem and Justice Raza Ali Khan, initiated proceedings on the application for interim relief, the former premier’s legal team termed the impugned judgment “violative of the constitutional provisions and established principles of administration of justice” and sought its suspension.

They said the appellant was not provided a proper opportunity of being heard and to be defended by his counsel, adding that Article 45 of the Interim Constitution provided for contempt proceedings to be regulated by the Contempt of Court Act 1993, but the high court had totally ignored the procedure laid down in the subordinate law.

Apex court to consider all points during the hearing of appeal; protesting PTI workers baton-charged outside court building

They further maintained that the high court was not empowered to disqualify the former premier because an imprisonment of at least two years laid the basis for disqualification while the sentence awarded to Mr Ilyas lasted barely five minutes.

The chief justice observed that when Mr Ilyas had admitted commission of contempt in black and white, what else was required by the [high] court to convict him?

Recalling that Mr Ilyas had been threatening to remove the judges from their offices, the chief justice addressed the petitioner’s counsel and said the prime minister could not fire even a peon, let alone the judges.

“This directly amounts to contempt. Mr Ilyas himself admitted and acknowledged before the high court that his utterances were contemptuous,” the CJ observed

“The courts hold the assembly in high esteem. The assembly makes laws and the courts interpret them, but that does not mean that the Leader of the House should target the judiciary everywhere.”

The counsel for Mr Ilyas quoted instan­ces of some political leaders of Pakistan, who had faced contempt of court proceedings, and said the courts there had given them considerable time for completion of procedure whereas in the case of Mr Ilyas the entire process culminated in his conviction within 24 hours.

“The high court has given us a severe punishment and you should reconsider it and at least restore the membership of the Legislative Assembly of my client,” the counsel prayed.

On this, the CJ wondered how could the court restore Mr Ilyas in the presence of an acting prime minister in the state at the moment. “The state cannot have two prime ministers at a time.”

As the CJ announced that the court had noted down all the arguments and would consider them during the course of hearing of the appeal, the counsel reiterated his prayer that the apex court should at least suspend the operation of the notification issued by the Election Commission till the final disposal of appeal.

However, to their disappointment, the request was dismissed by the court.

Shortly after the court was adjourned, a large number of angry PTI workers, including women, who had gathered in Chattar neighborhood, where the buildings both Supreme Court and high courts are situated, started chanting slogans against the decision.

As they tried to inch towards the apex court building, police stopped them and upon resistance from them resorted to use of batons. Resultantly, several PTI wor­kers received injuries, witnesses said.

Published in Dawn, April 14th, 2023