Chief Justice Mian Saqib Nisar on Thursday transferred the contempt of court case against Pakistan People’s Party (PPP) former senator Faisal Raza Abidi to another bench, however rejected his request for shifting the case to Supreme Court’s Karachi registry. The case was heard by a three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan. Abidi appeared before the court along with his counsel Amjad Hussain Bukhari. “You don’t have manner to stand in the court,” the chief justice asked him as he was keeping his hands on his back. “Stand straight,” the chief justice said. Abidi filed an application before the court, which reads, “The chief justice of Pakistan took oath under the Provisional Constitutional Order (PCO) 1999, when his lordship was elevated as judge of the Lahore High Court.” In his application, he stated that he had a consistent and principled stance against the PCO and believed in each and every word of the constitution. He stated that he struggled for democracy and constitutionalism throughout his life and most humbly requests the apex court to kindly constitute a new bench comprising non-PCO judges to uphold the true spirit of the constitution for fair and just adjudication of allegations leveled against him. “The doctrine of independence and accountability of judges as expounded by Islamic jurisprudence, constitution, doctrine of due process of law and rule of law envisages that a new bench comprising of non-PCO judges may kindly be constituted to protect the fundamental rights of applicant for the adjudication of allegations leveled against him,” the applicant stated.
During the brief hearing of the case, the footage of the TV show in which Abidi used derogatory language against the court was screened. The chief justice noted that Abidi had yet to apologise.
Abidi’s counsel, however, stated that he had submitted two requests in the court but the bench rejected them observing that the method of apology used by Abidi’s counsel was not appropriate. The chief justice noted that Abidi had stated in the TV show that the CJP was destroying the country. He directed Abidi to file reply to the contempt notice. Justice Ijazul Ahsan inquired if Abidi’s counsel had a licence to practice law at the Supreme Court. The counsel then replied in affirmative. The court rejected the counsel’s plea to transfer the case to Karachi registry, however accepted his plea of sending the contempt case to another bench.
Earlier on April 17, 2018, the CJP had taken suo motu notice and issued a contempt notice to Abidi over the use of using derogatory language against the judiciary.
Published in Daily Times, May 4th 2018.