Contempt of court bill 2012
 

And here it goes. . the bill has been approved by both senate and the parliament house.Under which, if an accused or convict of contempt of court files an appeal, his/her show-cause notice or original order will remain suspended till final disposal of the matter.

The law also states: “An accused person may also at any stage submit an apology and the court, if satisfied, may discharge him or remit his sentence.”

The bill was passed by Senate on Wednesday after being earlier approved by the National Assembly on Monday amid protest from opposition lawmakers.

A couple of petitioners have already challenged the law in the apex court, terming it a mala fide act on the part of the government against the judiciary. Most legal experts are of the view the Supreme Court wouldn’t look at it favourably.

The bill states: “A true averment made in good faith and temperate language for initiation of action or in the course of disciplinary proceedings against a judge, before the chief justices of the Supreme Court and high courts, the Supreme Judicial Council and the federal or provincial governments, shall not amount to contempt of court.”

The new law also has an overriding effect and the erstwhile Contempt of Court Act 1976 and the contempt of court ordinances 2003 and 2004 will stand repealed after its passage from Parliament and signature by the President.

Besides protecting powers and performance of holders of public office mentioned in Article 248 of the Constitution, which include the president, prime minister, governors, chief ministers, federal and state ministers, the proposed contempt of court act 2012 also shields ‘any authority’ against the contempt charges.

One of its clauses reads as “remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential” shall not amount to contempt of court.

The above clauses are an addition in the bill :blink: so what do you guys think about it?? Will it will prevail in future or not?? :onesec Over to ya fellas. . :snor

The rule will have a great impact on our political structure. All the concerned will be officially free to make secision of their own interest and benefit but it may not help them in the swiss case .

its look like that all the coalition partners of Govt. are saving Zoordari and his looted money now its time to praying for this country's future. The situation of Pakistan is now as "Choor Uchka Chaudhry Te Gandi Run Perdhaan"

ammendments in 1973 constitutions are going on day by day wid shoaib akhtar,s speed...i am fearful that soon the 1973 constitution will soon loose all its orignality...

The government is trying to kill two birds with one stone: through this bill it is giving total immunity to the higher public office holders on virtually any of their act on the one hand and creating a tool for pressurizing the judges through declaring that the gov't can initiate disciplinary measures against any judges.

Given the recent judiciary-executive (Gov't) tussle, one cannot say that the bill is total wrong however its repercussions are entirely counterproductive. This would give a free rein to the public office holders who would never care about court orders and would continue any act, which may be detrimental for nation but good for the self/party/gov't.

1973 constitution is made and erased by PPP

Its not "Contempt of Court Bill" rather than its permit to contempt the apex courts of country.Moreover it will incite people to contempt the courts.As much quickness in the formulation of this law is shown is not even seen in the violation of law in our country.Thus it is proved that we are competent enough to make laws as much powerful we are in breaking the laws.:clap
PML(N) indirectly supported the Bill.Their party's parliamentarians walked out the assembly session in order keep themselves aloof from discussion on the Bill so that there will not be any contradictory speech from their side.
Bill had been presented and eventually has passed but in fact we have failed.SC must be well aware that this Bill is just passed for point scoring.apparently PML(N) didn't cast their vote in favor of this Bill but also didn't oppose this as well.Is tarah vote na dalna bhi vote dalne k mutradif hy.Aey Allah Tallah in qanun sazun ko aqal-o-danish se nwaz.Ameen:sad:


[CENTER][B]Na gore sikandar ,na hai qabre dara
Mite namiyon ke nishan kaise kaise[/B][/CENTER]

I do not know about the legal complexities of the bill, because i am not a legal expect. But as we all know that there is an action behind any reaction. So one thing is obvious that this new law is reaction of CJ's continuous tendency of hearing only selected cases. If CJ has the power of giving judgments on the basis of the constitution which is made by parliament then the parliament has the right to change the Constitution. Nothing is wrong only its usage is wrong, as the CJ was crossing the limits and using the power, the same is going. Everyone uses his/her power as we are seeing. But one thing is clear that this bill has been passed with majority and it is not imposed. Ye nobat he na ati ager SC her case ko equal importance daiti. :cry.
And why we do not talk about the violation of traffic rule?? is violation is not contempt?? Why contempt is supposed to be contempt on just few cases?? Why Nawaz shareef was not called when he attacked the court?? why so much selectivity??
So nothing happens without reason, and behind this law there were enough reasons which lead to occurrence of this event.
What we Pakistanis can do is to hope for best and do what we should do as a good citizen of Pakistan.

excerpts from Justice Markandey Katju's articles
 

[URL="http://tribune.com.pk/story/406897/the-philosophy-of-judicial-restraint/"][SIZE="3"][SIZE="2"][COLOR="Black"]"[QUOTE]if the judiciary does not maintain restraint and crosses its limits, there will be a reaction which may do great damage to the judiciary, its independence, and its respect in society.

As observed by Justice AS Anand, former chief justice of India: “Courts have to function within the established parameters and Constitutional bounds. With a view to see that judicial activism does not become judicial adventurism, the courts must act with caution and proper restraint. They must remember that judicial activism is not an unguided missile. Failure to bear this in mind would lead to chaos. Public adulation must not sway the judges. They must remember that they cannot run the government[/QUOTE].[/COLOR][/SIZE]”[/SIZE][/URL]

[URL="http://tribune.com.pk/story/399427/judicial-responsibility-and-organs-of-state/"][QUOTE]In all countries having a parliamentary system of government, the prime minister holds office as long he has the confidence of parliament, not the confidence of the Supreme Court.
I regret to say that for quite some time, the Pakistan Supreme Court seems to be playing to the galleries and not exercising the self-restraint expected of superior courts.[/QUOTE]
[/URL]
[URL="http://www.thehindu.com/opinion/article3553558.ece?homepage=true"][SIZE="3"][QUOTE]It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice.[/QUOTE][/SIZE][/URL]

[B]Justice Markandey Katjujudge is a former Judge of Supreme Court of India (from 2006 to 2011),,He is currently Chairman, Press Council of India[/B]