Government to file review petition against cancellation of Contempt of Court Act 2012

August 6th, 2012 by | One Comment |

The government has decided to file a review petition against the Supreme Court’s ruling of August 3, in which it declared the Contempt of Court Act 2012 null and void.

In quite an unprecedented way, the incumbent dropped the option of either promulgating the law through a presidential ordinance or re-enacting it through parliament.

After the intense consultations with the legal experts and coalition partners, the ruling Pakistan Peoples’ Party (PPP) decided to fight the case in the court of law.

Presidential spokesman Farhatullah Babar while interviewing said that the government had decided in principle to file a review petition against the ruling of the apex court that struck down the contempt of court law.

He also stated, “The government will also contest the apex court’s July 12 order in which Prime Minister Raja Pervez Ashraf had been asked to implement the NRO judgment and write a letter to Swiss courts for re-opening cases against President Asif Ali Zardari”.

It is vital to mention here that the premier has been given the deadline of August 08 to submit his response in the NRO judgment implementation case.

Replying to query, the spokesperson said the attorney general would file the review petition in the apex court. “I cannot give you the exact date, but it will be done as soon as possible”, he added.

He informed the media the decision to file appeal against the verdict had been taken after taking legal experts and allied parties on board over the issue. The decision was taken after Federal Law Minister briefed President Asif Ali Zardari over the matter.

The apex court on August 3 nullified the Contempt of Court Act, saying the new law was contrary to the provisions of several articles of the Constitution.

The ruling states: “While enacting COCA 2012, attempt has been made to reduce the powers of the Court as has been indicated in different provisions.” It said that “no immunity can be granted to the public office holders in violation of Article 25 of the Constitution.”

Earlier, the parliament approved a law, giving exemption to the holders of public office from the mischief of contempt in exercise of powers and performance of functions and allowing for suspension of a sentence during the pendency of an appeal.

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  • Comment by Mehreen: ( August 7th, 2012 at 9:37 pm )

    Not too long ago people were dreaming, demanding and agitating for the restoration of CJ. How many times we had heard that “if only CJ is restored all our problems would be solved”. Now we are hearing about if only a certain person comes to power all our problems including power, corruption, illiteracy, and social evils would be wiped out. These are all like cars powered by pure water. The nation is looking for one man to come and change their plight. Unless the person has a magic lamp it is not going to happen. Let us talk about honest programs and how that would be implemented and funded for a good start. There are no magic solutions or shortcuts.