PakSearch.com - Pakistan's Best Business site with Annual Reports, Laws and Articles
Welcome to PakSearch.com Pakistan's Premier Business Information
Service


For business information, annual reports, laws, ordinances, regulations and articles.




Google
 
Web Paksearch.com

20000118

APP adds: The Chief Justice said that the Supreme Court could adopt any procedure to do complete justice.

"It is obligation of the Supreme Court to take all steps required for natural justice," the Chief Justice observed.

The bench comprised Chief Justice Saeed-uz-Zaman Siddiqui, Justice Irshad Hasan Khan, Jutice Mohammad Bashir Jahangiri, Justice Khalil-ur-Rehman Khan, Justice Sheikh Ijaz Nisar, Justice Mamoon Qazi, Justice Sheikh Riaz Ahmed, Justice Chaudhry Mohammad Arif, Justice Muneer A. Sheikh, Justice Wajeeh-ud-Din Ahmed and Justice Kamal Mansoor Alam.

Saeed pleaded that the appeal was maintained only if leave was granted by the Court.

The Chief Justice observed that the appeal itself was maintainable under the amended Contempt Act. "There is no question of granting leave in this case."

Justice Irshad Hasan Khan observed that special procedure for intra-court appeal was available in the Contempt of Court Act.

Saeed argued that no grounds were taken in the application filed by the petitioner and the Court could have not entertained the petition. Even no one was made party from the accused persons in the petition, he added.

The Chief Justice observed that they should be deemed to be a party when the Court issued notice to the respondents.

Saeed said that a letter by Shahid Orakzai wherein he accused the Judges should not have been considered for converting it into appeal.

The Chief Justice said that apex court was obliged to do complete justice and it "can adopt any procedure" to do complete justice.

Saeed argued that vastness of the apex court jurisdiction was also subject to law. "It does not mean that the Court should take every step which had not been taken before."

The counsel for Nawaz Sharif objected to the observation made by the Court on last date of hearing when it was said that the people were shocked at the acquittal of the accused persons.

The Chief Justice said that Judges might not go by their sentiments while hearing the case. Leaving aside the said observation, there are legal aspects of the case which the court is considering for deciding the case.

Saeed in response to an observation by Justice Mamoon Kazi said: "The people who were ignorant were shocked over the judgement by the Court while people knowing the law were never shocked."

Justice Kazi said that a lot of people did not know law. "You mean all those are ignorant". Saeed said: "yes. I even told my wife many a time that she is an ignorant person."

Saeed further argued that contempt is a matter wholly between the Court and the contemner and mere gathering outside the courtroom does not amount to contempt. "Most of the time people gather outside the courtroom during hearing of Benazir Bhutto's cases or a labour union case," he argued.

In contempt matter, he argued, the specific charge of contempt should be assigned aainst a specific person.

Justice Kazi observed: "That's why the Court had reopened the case to see who was responsible for rowdyism."

Justice Irshad observed that the Muslim League as a political party should come forward to uphold the dignity of the court and it should welcome the proceedings. "Why are you not saying this that PML wants to uphold the dignity of the court?".

Google
 
Web Paksearch.com




Home | About Us | Contact | Information Resources