ISLAMABAD: The Supreme Court denied retired Justice Iftikhar Muhammad Chaudhry on Monday access to the official record of a contempt case which he as chief justice had initiated against PTI chief Imran Khan.

On July 28, a day before Eid, a request was submitted to the Supreme Court office by the lawyer of the former chief justice, Sheikh Ehsanuddin, seeking an attested copy of Mr Khan’s reply to the contempt case in which he had expressed his highest regard and respect for the judiciary.

The contempt notice was initiated against the PTI chief after he had made derogatory remarks against the judiciary and superior court judges at a press conference on July 26 last year. Mr Khan had criticised the role of the judiciary and the Election Commission of Pakistan and described it as “Sharamnak” (shameful). He had alleged that the 2013 general elections had been rigged because of the role played by the two institutions.

But when Mr Khan continued to level allegations against the former chief justice the latter was forced to send a defamation notice of Rs20 billion to the former on July 24.

Sheikh Ehsanuddin had submitted the request with a view to annexing Mr Khan’s reply and the record of the contempt case with the defamation charge which Justice Chaudhry intends to formally file in Islamabad’s district courts in case no apology is tendered by the PTI chief.

The printing branch of the apex court rejected the request on Monday, Mr Ehsanuddin told reporters. According to him, the court’s office said it could not oblige the plea under the Supreme Court Rules 1980 because Justice Chaudhry was not an aggrieved party in the matter and, therefore, not permitted by the rules to obtain the documents.

Mr Ehsanuddin said the matter had now been referred to the SC registrar, but hastened to add that if the request was turned down by the registrar an appeal against the decision would be filed because the case had now become a part of the public record.

In his defamation notice, the former chief justice had mentioned the proceedings of contempt case when Mr Khan himself had come to the rostrum and stated that he had highest regard and respect for the judiciary as an important institution and third pillar of the state – a fact manifested from his past as well as present conduct.

The PTI chief had also stated that the word “Sharamnak” attributed to him was never meant to abuse or show disrespect to anyone, even the district returning officers and returning officers. It was used in the sense of unbecoming, rather than shameful or disgraceful.

Mr Khan said he was committed to the supremacy of the judiciary as an independent and highly respected institution and in future, too, there would be no such occasion when this court would find him making any derogatory or scandalous remarks against this institution.

Published in Dawn, August 5th, 2014

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