Islamabad Court Chief Justice says remarks about retired judges, ex-CJP not contempt of court

Islamabad High Court (IHC) Chief Justice Athar Minallah observed on Friday, that remarks about retired officials did not warrant contempt of court charges, even if they were made against a former chief justice of Pakistan (CJP).

Justice Minallah made the observation during a hearing to decide the maintainability of a petition, filed by Advocate Kulsoom Khaliq, seeking contempt proceedings against Pakistan Muslim League-Nawaz (PML-N) leaders Maryam Nawaz and Shahid Khaqan Abbasi for trying to scandalise the judiciary through their statements against the former CJP Saqib Nisar.

On November 15, Abbasi demanded that a suo motu notice be taken against Nisar after the former chief judge of Gilgit-Baltistan Rana Shamim accused Nisar of being involved in denying bail to PML-N supremo Nawaz Sharif and Maryam ahead of the 2018 general elections.

Abbasi, questioning the lawmakers, said, “If Mian Nawaz Sharif can go to jail, why can’t Mian Saqib Nisar?”

IHC Chief Justice Athar Minallah said in his written order that a judge who ceases to hold a judicial office “attains the status of a private citizen”.

“Such a person is no more a member of the ‘Court’ in the context of Article 204 of the Constitution nor under the Ordinance of 2003,” Justice Minallah wrote.

“It remains open to a retired judicial officer to seek remedies available in a court of law. However, the offence of contempt is not attracted in the case of a retired judge because after retirement the latter attains the status of a private citizen,” wrote Justice Minallah.

He insisted that judges were open-minded about criticism, saying, “Judges hold a very high position and they should welcome criticism.”