ISLAMABAD: The Supreme Court on Tuesday rejected an intra-court appeal of Pakistan Muslim League-Nawaz leader Mohammad Tallal Chaudhry against his conviction for committing contempt of court.

A five-judge bench of the apex court, which had taken up the intra-court appeal of the former state minister, played objectionable video clips twice in the courtroom in which he was seen asking ousted prime minister Nawaz Sharif to show doors to ‘Provisional Constitution Order (PCO) idols’.

Chief Justice of Pakistan (CJP) Mian Saqib Nisar also regretted ‘lethargic attitude’ of the attorney general office for not filing an appeal to enhance the punishment and said the court was contemplating even to issue a contempt notice to the ex-PM who was present at the public meeting but did not stop Mr Chaudhry from uttering such words.

On July 2, a three-judge SC bench comprising Justice Gulzar Ahmed, Justice Sardar Tariq Masood and Justice Faisal Arab had convicted Mr Chaudhry till rising of the court and awarded a fine of Rs100,000. With the conviction, Mr Chaudhry stands disqualified for contesting elections for five years under Article 63(1)(g) of the Constitution.

CJP regrets AG office’s ‘lethargic attitude’ for not seeking harsher punishment

During the proceedings on Tuesday, Justice Umar Ata Bandial dropped hints for a way out to remove the stigma that otherwise the ex-minister would carry forever for being punished under contempt of the court. “You have to go to hermitage because this stigma will haunt you for your entire life. Please understand the offer by showing an incredible remorse,” Justice Bandial observed, adding that even the CJP seemed inclined to show some degree of accommodation and leniency.

The bench hinted that the charges against the PML-N leader could be dropped if he undertook not to contest the upcoming elections for the next five years. He was reminded that whatever he had uttered was said with arrogance, ridicule and hatred. Justice Bandial reminded him the penalty of being outside the political arena for five years was the best option.

Senior counsel Kamran Murtaza sought time so that he could draft a proper apology and also regretted that the punishment awarded to him shut the doors of politics for five years. The counsel argued that he was standing before the CJP and expected magnanimity from him to pardon his client.

Justice Bandial regretted that the words “idols of Kaaba” were very hurtful and regretful and Mr Chaudhry should have expressed his remorse at a public forum to reverse the impression.

When Mr Chaudhry claimed that he had done so in different talk shows, CJP Nisar and Justice Ijaz-ul-Ahsan reminded him that he was offering justification for what he had stated in the public meeting instead of remorse.

The CJP asked his public relations officer to furnish before the court all the talk shows attended by Mr Chaudhry and compiled by his office. He said the defence of Article 19 that ensured freedom of speech was not available to him.

At the outset, the chief justice asked Mr Chaudhry to identify who the PCO judge was and who was the idol who he wanted to remove. The CJP also wondered if this was his way to respect his elders.

Justice Ahsan also reminded that Mr Chaudhry never offered his remorse or regrets rather he contested the charges. He had committed contempt of the highest court of the country, the judge remarked.

After consulting other members of the bench, the CJP said the court was not inclined to accept the apology and the counsel should continue with his arguments.

Another senior counsel Shah Khawar, who was present in the court, suggested that Mr Chaudhry should surrender himself before the court and offer unconditional apology. The counsel also cited a number of judgements, including that of 1978 Khan Wali Khan, 1993 Mirza Aslam Beg, 2011 Riaz Hanif Rahi, 2014 Imran Khan, Nawaz Sharif etc, and pleaded that the court should pardon his client.

The court, however, dismissed his intra-court appeal, which means that his conviction will stand.

Published in Dawn, October 10th, 2018