ISLAMABAD: The Supreme Court will consider the apology tendered by a local leader of the Pakistan Peoples Party, Masoodur Rehman Abbasi, facing contempt charges for his derogatory outburst against Chief Justice of Pakistan Gulzar Ahmed in the light of similar decisions taken against Pakistan Muslim League-Nawaz lawmakers Danial Aziz, Talal Chaudhry and Nihal Hashmi.

The one-page handwritten apology in the Urdu language was read out by Additional Attorney General Sohail Mehmood on Friday before the court, as its copy was not made available to the bench.

Headed by Justice Umar Ata Bandial, the four-judge bench had taken up contempt hearing after taking suo motu notice of the matter.

At the hearing, Justice Sayyed Mazahar Ali Akbar Naqvi observed that the apology tendered by the accused was “vague” while the kind of speech he uttered could not be delivered unless there was a well thought out conspiracy behind it.

Bench finds statement vague, asks additional AG to assist suspect

The bench pointed out that the written statement lacked the basic ingredients of a proper apology usually tendered before the court by individuals facing contempt charges since he did not even mention that he was throwing himself at the mercy of the court.

Justice Bandial then asked AAG to get the statement photocopied for the bench members and assist the accused in drafting a proper apology. The court also asked the members of the Bar to help him since the accused though expressed his remorse had stated that he could not afford to hire the assistance of a legal counsel, explaining that he only had Rs2,000 in his pocket when he appeared before the court from Karachi.

The Supreme Court, however, decided to frame charges against the accused for committing its contempt under Section 17(3) of the Contempt of the Court Ordinance 2003 and appointed Attorney General for Pakistan Khalid Jawed Khan as prosecutor. The court asked AAG to let the accused understand that the court would determine his apology after weighing the gravity of the contempt.

Moreover, the court observed that the apology tendered by the accused where he had admitted about the utterance of the derogatory remarks indicated mens rea (intention) on part of the accused and therefore provided a ground to frame charges for committing its contempt.

While convicting PML-N leaders Danial Aziz and Talal Chaudhry in 2018 on contempt, the SC had held that contemnor without justifying his action should tender unqualified apology at the earliest opportunity showing his repentance and remorse by throwing himself at the mercy of the courts.

The court had also held that the purpose of contempt proceedings was not to wreck vengeance or it was never the question of ego of a judge to punish such person but to vindicate honour and dignity of the court only to keep and strengthen the confidence of the general public in the judicial system and to keep justice system far from pollution and obstructions.

Published in Dawn, July 3rd, 2021