Islamabad, July 13, 2012 (PPI-OT): A three member bench headed by the Hon’ble Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry and comprising other two members namely Hon’ble Mr. Justice Jawwad S. Khawaja and Hon’ble Mr. Justice Khilji Arif Hussain heard Constitution Petition No. 77 of 2012 and CMA No. 3057 of 2012 (Baz Muhammad Kakar and another versus Federation of Pakistan through Secretary Ministry of Law) at Supreme Court Branch Registry, Quetta today i.e. 13.07.2012. After hearing the counsel for the petitioners and the respondents in the case, the bench passed the following order:-
“This petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan calls in question the constitutionality of the Contempt of Court Act, 2012 being inter alia in violation of Articles 2-A, 9, 14, 25 and 204 etc. of the Constitution of Pakistan.
2. The learned ASC has relied upon the term “any person” used in Article 204(2) of the Constitution, and contended that sub clause (i) of the proviso of Section 3 of the Act, 2012 curtails the power and the jurisdiction of the Court to punish any person, who abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court. The classification of sub clause (i) to the proviso to Section 3 of the Act, 2012 is violative of the Article 25 of the Constitution, which guarantees equal protection of the laws.
3. It is further contended that the Contempt of the Court Act, 2012 is also violative of the independence of the judiciary, guaranteed by Article 2-A, 175 and 190 of the Constitution. It is also contended that the various provisions of Act, 2012 are in derogation/inconsistent with the fundamental rights guaranteed by the Constitution of Islamic Republic of Pakistan.
4. Let notice be issued to the respondent/Federation as well as to the Attorney General for Pakistan in terms of Order 27-A CPC to examine inter alia the questions raised in the listed petition.
5. Office is directed to club all such petitions, which are identical on the subject matter instituted before this Court by different petitioners. Notices in those petitions be also issued to the respondents and Attorney General in the same manner as it has been noted hereinabove.
6. The respondent(s) and the Attorney General may file concise statements if advised and desired, before the next date of hearing and the pleadings shall be exchanged between the parties before the commencement of the hearing of the petitions.
In view of the importance of the petition as it has been pointed out by the learned counsel for the petitioner in the application for the fixation of the case today and also taking into consideration the involvement of the interpretation of the Constitution, which allegedly touches to the independence of the Judiciary, we direct let all these cases be fixed at Islamabad on 23rd July, 2012. All concerned be informed accordingly.
Notice in C.M.A. No.3057 of 2012 be also issued for 23rd July, 2012”.
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