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SC orders new bench in contempt of court petitions

Police officers walk past the Supreme Court building in Islamabad on April 6, 2022. — Reuters
Police officers walk past the Supreme Court building in Islamabad on April 6, 2022. — Reuters

ISLAMABAD: Supreme Court judge Justice Muhammad Ali Mazhar on Monday recused himself from hearing the contempt of court petitions filed by Jang and Geo Media Group chief Mir Shakil-ur-Rahman, his son Mir Ibrahim, anchorperson Shahzeb Khanzada, Independent Media Corporation and others against former PTI-era Minister of State for Religious Affairs, the late Dr Aamir Liaquat Hussain and the BOL Media Group administration.

Justice Mazhar stated that he had previously represented the Jang and Geo Media Group as a lawyer, and therefore he was separating himself from the case. Subsequently, the court sent the matter back to the relevant office to be fixed before a bench that does not include Justice Mazhar.

A five-member larger bench headed by Justice Jamal Khan Mandokhail and comprising Justice Muhammad Ali Mazhar, Justice Shahid Waheed, Justice Shahid Bilal Hassan and Justice Muhammad Hashim Khan Kakar heard the contempt case on Monday.

During the hearing, Justice Mazhar remarked that the accused, Aamir Liaquat, had already apologised, and the court had accepted his apology. He further observed that if the main accused has passed away, the case against other accused automatically comes to an end. However, he added that if the petitioners still wished to pursue the case, he would not hear it.

Advocate-on-Record Syed Rafaqat Hussain Shah informed the court that the petitioners’ lawyer, Faisal Siddiqui, was unwell and could not appear. He also informed the court that the petitioners wished to continue contempt proceedings against the other accused. He requested that the hearing be adjourned until next week due to the lawyer’s illness.

Justice Mandokhail observed that a contempt of court case is a matter between the court and the contemnor, while the petitioner merely serves as an informant and has no further role. Subsequently, the court adjourned further hearing of the case for an indefinite period and issued directions for the formation of a new bench.

It is pertinent to recall that on December 13, 2018, a three-member bench headed by then-Chief Justice Saqib Nisar had disposed of the contempt case filed against Aamir Liaquat for using derogatory language against the Jang and Geo Group after he tendered an unconditional apology. The accused, Aamir Liaquat, had apologised unconditionally before the court as well as to Jang and Geo Group Chief Executives Mir Shakil-ur-Rahman, Mir Ibrahim and others.

Prior to that, on November 7, 2018, the court had rejected Aamir Liaquat’s apology and indicted him, to which he had pleaded not guilty. The petitioners’ stance was that despite submitting an affidavit in court promising not to use derogatory remarks against the petitioners in his programme, Aamir Liaquat had violated court orders by once again issuing decrees of treason against Jang and Geo Media Group chief Mir Shakil-ur-Rahman, Mir Ibrahim and Shahzeb Khanzada, terming them “Indian agents,” and also delivering hate speech against them on religious grounds.

According to the charge-sheet issued by the court, the accused, Aamir Liaquat, had used contemptuous language in his programme aired on March 9, 2017, in violation of court orders, which fell under the purview of Article 204 of the Constitution and the Contempt of Court Ordinance 2003.

As per the charge sheet, in the programme “Aisa Nahin Chalay Ga” aired on BOL TV channel on March 9, 2017, violating the Supreme Court’s order dated March 6, 2017, passed in CPLA No 541/2017, Aamir Liaquat Hussain had stated: “Neelay Peelay kay Mir Shakil-ur-Rahman ko bhi, Father of Bharat ko bhi, Son of Bharat ko bhi, unke tamam anchors ko bhi, jo jalnay waly hain, hasad karnay waly hain, sab ko yeh gaana dedicate kar raha hoon pyaar say. Gaana hamesha pyaar say dedicate kiya jata hai. Aap mujh se jaltay rahain.”

The charge sheet further stated that on March 7, 2017, he had said in the said programme: “Pakistan is a great nation, and its people are even greater. Najam Sethi is a traitor who must die in shame.”

However, despite all legal proceedings and the charge-sheet, the bench headed by Chief Justice Saqib Nisar disposed of the matter in December 2018 after the accused, Aamir Liaquat, submitted an unconditional apology.