Supreme Court takes Tallal Chaudhry to task over contemptuous speech, sets aside appeal

Published October 9, 2018
Talal Chaudhry waves after exiting the Supreme Court after an earlier hearing in the contempt of court case. Photo: AP/File
Talal Chaudhry waves after exiting the Supreme Court after an earlier hearing in the contempt of court case. Photo: AP/File

PML-N leader Tallal Chaudhry's intra-court appeal against a contempt of court conviction was heard in the Supreme Court on Tuesday, during which Chief Justice Mian Saqib Nisar expressed his vexation at Chaudhry's challenge to the court's earlier decision.

On August 2, the Supreme Court had held Chaudhry in contempt of court for his speech at a PML-N rally in Jarranwala, where he had said: "There was an era when the Kaabah was full of idols. Today, the judiciary, which is the country's highest institution, is also full of PCO [Provisional Constitution Order] idols."

He had been sentenced till the rising of the court, which disqualified him from contesting elections for five years, and fined Rs100,000.

Irked that the politician seemingly did not appreciate the relative laxity of the sentence, CJP Nisar ordered at the start of the review hearing that the speech be played for the record.

"Let us see whom he is referring to as idols. Which idols is he saying should be broken? Which idols has he set out to break?" the CJP remarked.

After a recording was played for the court, the chief justice asked: "Now, tell me: how should we proceed to compound his punishment?"

To this, Kamran Murtaza, who was representing Chaudhry as his counsel, appealed to the chief justice's better nature.

"You have always shown leniency," he pleaded.

"Kamran sahab you are the vice chairman of the Pakistan Bar Council. Your client has said that the judiciary is full of PCO [Provisional Constitution Order] idols.

"Why did Mian Nawaz Sharif not say that they [the judiciary] are not unjust?" the chief justice asked, continuing to pose the counsel some hard-hitting questions.

"Call Talal to the rostrum," CJP Nisar instructed.

Addressing Chaudhry, the chief justice asked: "Is this how you show respect to your mother and father? Do you call them idols and infidels too?"

Chaudhry's counsel rushing to his aid, said: "The child has committed a mistake." This greatly annoyed the CJP, who responded in disbelief: "You call him [Chaudhry] a child?"

"While we are issuing the notification [setting aside the appeal], why don't we just go ahead and increase the punishment?" the chief justice continued, prompting Murtaza to plead: "I am requesting you to be the bigger person here. I am acknowledging you are right and Talal is wrong."

Justice Ijazul Hasan, who was also presiding over the hearing, remarked: "He [Chaudhry] is not remorseful. He wanted to challenge our decision in the matter."

Chaudhry's counsel again pleaded for mercy, saying that it was a question of Chaudhry's career.

"He [Chaudhry] is asking forgiveness. Not just from you but from the entire Supreme Court," Murtaza asserted.

Unconvinced, CJP Nisar proceeded to address Chaudhry: "Talal go bring some Mian sahab to throw out these PCO idols."

Chaudhry in at attempt to defend himself said: "We only use the PCO term symbolically. Your court's decision was against the PCO. I did not name you in particular."

But the chief justice was beyond any appeasement. "Why don't we summon the attorney general? Let's ask if we can have his [Chaudhry's] sentence increased?" he said.

Murtaza insisted that his client was asking for the court's forgiveness, to which the chief justice responded saying: "It doesn't seem that way with the kind of things he is saying."

The session concluded with the dismissal of Chaudhry's petition.

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