ISLAMABAD: Chief Justice Islamabad High Court Athar Minallah on Friday observed that ‘contempt of court’ laws do not apply on criticism of retired judges, even if they retired as chief justice of the country.
A petition had been moved in the IHC seeking contempt of court proceedings against PML-N Vice President Maryam Nawaz and ex-prime minister Shahid Khaqan Abbasi over their statements related to former chief justice Saqib Nisar.
Maryam had held a detailed press conference on Wednesday regarding a recently surfaced audio clip allegedly featuring the retired chief justice allegedly issuing directions to wrongfully convict or detain Maryam and PML-N supremo Nawaz Sharif.
Retired chief justice Nisar has already strongly denied that he issued any extra-legal or illegal instructions in any corruption cases against the Sharifs. He has said the audio clip in question has been fabricated and he is contemplating what kind of legal action he will take against it.
After Maryam’s press conference, petitioner Kalsum Khaliq had moved the islamabad High Court, arguing that Maryam and Abbasi had tried to scandalise the judiciary through their statements about the retired chief justice.
She had asked the court to initiate contempt of court proceedings against both PML-N leaders.
During the hearing, Justice Athar Minallah noted that the victim in this case can claim defamation through the courts.
He also remarked that contempt of court laws do not protect from criticism a retired person, even if they are a former chief justice.
“First of all, judges are open-minded about criticism. There is no contempt of court for a retired person, even if the person is a former chief justice. Judges are in a very high position and criticism should be welcomed,” he said.
After hearing arguments, the IHC chief justice reserved his verdict on the matter.
