ISLAMABAD: A contempt application has been filed in the top court requesting it to initiate contempt of court proceedings against former Chief Justice Iftikhar Muhammad Chaudhary over his letter, wherein he asked the incumbent chief justice to favour him in allotment of a disputed plot.
Advocate Riaz Hanif Rahi moved the instant petition under Section 3/5 of Contempt of Court Ordinance 2003 read with Article 204 of the Constitution, wherein he made former chief justice Iftikhar Muhammad Chaudhry a respondent, along with the editor and publisher of an English daily newspaper.
The petition stated that on August 2, the former chief justice wrote a letter directly to the Chief Justice of Pakistan Anwar Zaheer Jamali which was widely published in the media in general and the English daily newspaper in question in particular. “I once again beseech your attention to redress the issue of allotment of plot No. 114-A, St.No. 7, Sector D-12/2, Islamabad, earmarked for allotment to me as early as possible. I feel that if the controversy, which has been created unnecessarily because of the ‘influence of one of the judges of the Supreme Court, is laid for adjudication before a judicial forum, it is likely to create embarrassment for the institution as a whole. Conversely, its disposal on merit at your end would be in the interest of all of us,” the letter to the chief justice stated.
“The author of the letter attributed the word “Justice” to himself without adding the word “Retired”, giving an impression that the said respondent (Iftikhar Chaudhry) was still part of the institution as a sitting judge,” the petition stated, adding that the logo used on letter for personal gain lowered the authority of the top court. The petition further stated that Iftikhar Chaudhry’s approach in getting undue privilege could be further ascertained from the fact that he was using a bulletproof vehicle, petrol, maintenance and additional security which was not admissible under law.
The petition stated that Iftikhar Chaudhary acted illegally, obstructed the course of justice, wilfully and contemptuously disregarded the dignity attached to the court and was guilty of criminal contempt as envisaged in section 2-B of the Ordinance 2003.
It further said that degrading the dignity of Supreme Court by sending a letter was tantamount to contempt within the contemplation of section 2-A of the Contempt of Court Ordinance 2003.