(ISLAMABAD – 18th July, 2012). The press statement on the subject ‘CPP today challenges Contempt of Court Act, 2012 in Supreme Court of Pakistan’ as issued by the Central Secretariat of the Communist Party of Pakistan (CPP) for the information of public, electronic and print media is as under:
Communist Party of Pakistan (CPP) today challenges the newly enacted Contempt of Court Act, 2012 in the Supreme Court of Pakistan, copy of whole petition can be read at CPP website of www.cpp.net.pk
This constitutional petition of CPP was filed by its Central Chairman, Engineer Jameel Ahmad Malik under Articles 184(3) and 204 of the Constitution and seeks interpretation of Article 248 concerning the boundaries and conditions of Immunity to President, Prime Minister and others.
The petition of CPP questions the enactment of the newly contempt of court law, which was promulgated to serve the interest of only few individuals as mentioned in Article 248(1) of Constitution and that such a legislative move contravenes the basic spirit and framework of the Constitution.
Engineer Jameel said and stressed in his petition that any Parliament do have a right to make law but no Parliament of the world including our Parliament can enact any law, which is only beneficial to President, Governor, Prime Minister or Ministers and has no concern with the masses.
The foremost questions raised in this petition are whether the Parliament is empowered to enact any contempt law which infringes the fundamental rights of citizens as given in Articles 8 and 25 and curtail the powers of the Independence of Judiciary as enshrined in Articles 2-A and also curtail the powers of contempt of the High Court and Supreme Court judges as was given to them vide Article 204 of the Constitution.
The other question posed by Communist Part pertains to the mode of assent by the President for his personal interest and to save his Prime Minister from disqualification so that a letter could not be written in Swiss cases as decided in NRO case.
CPP highly criticized all religious and bourgeoisie political parties including PML (N) in its petition and said they have double standards. Engineer Jameel said all these parties in parliament amended 102 Articles in 18th Amendment but none of them even touched a comma or full stop of Article 248 and all of them compromised on Article 248 with PPPP and President Zardari.
Which otherwise is in contrary with Holy Quran and Holy Prophet (PBUH) teaching which says; “if Ye Judge between mankind, that Ye Judge justly” and “people are all equal as the teeth of a comb” and general rule i.e. “no one is above law” and also conflicting with the Preamble, Articles 2A, 3, 5(2), 17, 25, 41(1), 41(2), 62(d), 62(e), 62(f), 101(1), 101(2), 227 and 260(3)(a) of the Constitution.
The Chairman of CPP disclosed to the Apex Court that in China Communist Republic, which is a secular and non-religious state but neither its President nor Prime Minister has the immunity not to appear in any Court of law.
In China, vide its Article 41, the Citizens of the People’s Republic of China have the right to criticize and make complaint to any state organ or functionary and Courts are bound to summon and redress their complaints whereas vide our Article 248 says, “No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.”
Engineer Jameel stressed that according to Islam, Holy Qur’an and Sunnah, not even Caliphs or any rulers or persons has the immunity and protection as now allowed to certain extents in section 3(1) of the contempt of court law by incorporating Article 248(1) in the aforesaid section, which otherwise is a Muslim country.
He recalled various judgments of the SC which maintained that immunity provided in Article 248 cannot extend to illegal or un-Constitutional acts. President, Governor, Prime Minister etc are bound to obey the Constitution and law under Article 5(2) of the Constitution and which is basic obligation of every citizen.
Neither the Constitution nor any law authorizes President, Governor and Prime Minister and others to commit a criminal act or do a contempt or anything which is contrary to law.
In 1962 Constitution, which was one man made Constitution and that too by a Military Dictator Field Marshal Muhammed Ayub Khan, the situation of immunity and protection was somewhat different. Article 117 of 1962 Constitution says, “Immunity is not provided where the act or omission is in contravention of the law, in which case he is liable.”
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