MUZAFFARABAD: The superior courts of Azad Jammu and Kashmir (AJK) on Monday separately served notices on Prime Minister Sardar Tanveer Ilyas to explain his position with regard to his “derogatory remarks about superior judiciary in his speeches at public meetings.”

The notices, served through his principal secretary, asked Mr Ilyas to separately appear before the High Court and the Supreme Court on Tuesday.

“It is noted that for the last few months the PM has been targeting the superior judiciary in public meetings and speeches. He has used highly derogatory and indecent language while threatening the judges of the superior courts,” read the order by the apex court.

At a function in Islamabad on Saturday, Mr Ilyas had indirectly blamed the judiciary for affecting the functioning of his government and interfering in the domain of the executive through grant of stay orders.

He had particularly referred to a $15m Saudi funded education sector project, saying it had been in a limbo because the court had issued a stay order on it. Similarly, he had also taken strong exception to the “de-sealing by the courts of tobacco factories involved in tax evasion to the tune of billions of rupees.”

Producing the clipping of the premier’s speech in its order, the apex court said that the matter was discussed at a meeting of the judges’ council “in view of its seriousness” and it was unanimously decided “it could not be overlooked because the dignity and authority of the courts was on stake and nobody could be allowed to undermine it.”

“However, […] before issuing contempt notice we are intended to ask the Prime Minister to appear in person and explain his position on the referred news,” it added.

The High Court order had almost identical observations.

“Prime Minister Tanveer Ilyas has directly threatened the superior judiciary and the language of his speech at a public meeting is highly derogatory, improper and indecently worded,” the order said.

Not only the latest statement, but his “previous track record from several months is [also] objectionable, unbecoming and improper,” it added.

The order said the judges’ council of the High Court had unanimously decided not to leave the mater unattended “simply by shutting eye from contemptuous and derogatory statement of the person who is at the helm of affairs.”

“By showing magnanimity and judicial restraint, we have opted, in the beginning of the proceedings, to serve a notice on the prime minister to personally appear before the full court to explain his position.”

Immediately it was not clear that whether the PM would appear before the courts or not.

In Islamabad, when Mr Ilyas was questioned by some reporters about the notices, he maintained that he had just highlighted that stay orders had been affecting the projects of public utility.

“This does not amount to contempt [of courts].”

Published in Dawn, April 11th, 2023

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