SC disqualifies Nehal Hashmi; puts behind bars for contempt of court

Author: Masood Rehman

ISLAMABAD: The Supreme Court on Thursday disqualified Senator Nehal Hashmi from holding any public office for five years under Article 63 (1)(g) of the constitution besides awarding him one-month imprisonment along with Rs 50,000 fine for committing contempt of court.

The verdict was announced by a three-member Supreme Court bench comprising Justice Asif Saeed Khan Khosa, Justice Dost Muhammad Khan and Justice Sajjad Ali Shah. It was a 2-1 decision, with a dissenting note of Justice Dost Muhammad Khan.

Just after the verdict was announced, Nehal Hashmi was taken into custody by the police personnel present inside the court. Later, he was first taken to the Secretariat Police Station and then shifted to Adiala Jail in Rawalpindi.

According to the court verdict, he has been convicted for the offence under Section 3 of the Contempt of Court Ordinance, 2003 (Ordinance No V of 2003) read with Article 204 (2) of the 1973 Constitution. He has been sentenced under section 5(1) of the said ordinance to simple imprisonment for one month and a fine of Rs 50,000. In case of default of payment, he has to undergo simple imprisonment for further fifteen days.

The verdict stated that the former senator attacked the judiciary, the judges and those who were tasked by the apex court to investigate allegations of criminal conduct on the part of Hashmi’s political boss – Nawaz Sharif and his family.

“Through the relevant speech made by him on 28.05.2017, the respondent had established that he is a firebrand speaker and the tone, the pitch and the delivery of the offending words bear an ample testimony to that but unfortunately on that day he had spewed fire towards a wrong direction,” the verdict added.

The verdict said that having launched a verbal tirade and issuing threats, Hashmi himself realised his behaviour to be ‘improper, unwise and imprudent’.

The court further termed the controversial speech by Nehal Hashmi as an effort to obstruct, interfere and prejudice the proceedings pending before the apex court and the JIT investigating the Panama Papers case. According to senior lawyers, Hashmi has a right to file an appeal against the decision before a larger bench.

Speaking to PML-N workers in Karachi on May 31, 2017, Hashmi had threatened the unidentified enemies of then prime minister Nawaz Sharif. Without naming any one, Hashmi had said, “You will not be spared … you are in service now but remember you will retire tomorrow”.

After the release of Hashmi’s video, Chief Justice of Pakistan (CJP) Mian Saqib Nisar had taken suo motu notice of his remarks and consequently the PML-N had suspended his party’s membership, besides asking him to resign from the Senate seat too.

Published in Daily Times, February 2nd 2018.

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