NA passes Contempt of Court Bill 2012

NA passes Contempt of Court Bill 2012
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Summary National Assembly of Pakistan has passed the Contempt of Court Amended Bill 2012.

Prime Minister Raja Pervaiz Ashraf congratulated the MPs over the approval of the bill, saying there was no ill will involved in the passage of the bill.While addressing the NA, prime minister Raja Pervaiz Ashraf said that the government did not want clash with the institutions, adding that the Opposition should play positive role for consolidation of democracy.He said that some people are trying to misrepresent and misinterpret this for their vested interests.About the decision to restore the NATO supplies he said government took firm stand on the issue and disallowed the supplies for seven months. All this was done by taking parliament into confidence.Raja Pervaiz said PPP had great respect for the judiciary.About the decision to restore the NATO supplies he said it was taken in the national interest after the US apologized over the Salala attack.PML-N members raised slogans against the government and the amended bill, terming it as an attempt to curtail the powers of judiciary.The government also invited the opposition parties to come and submit its stance regarding ups and downs.Earlier, Law Minister Farooq H. Naek tabled The Contempt of Court Bill‚ 2012 in the National Assembly on Monday.He said the bill has been tabled to remove confusions prevailing in the country in this regard.The Law Minister said according to the bill public office holders who will act in their official capacity will not come under contempt of court.He said, “We respect the judiciary and there is nothing against the judiciary in the bill.” The Minister said the PPP always respected the verdicts of the courts. Shaheed Zulfikar Ali Bhutto became victim of the judicial murder, he said.Farooq Naek said Shaheed Benazir Bhutto and President Asif Ali Zardari accepted the decisions under Ehtesab Act. He said Asif Ali Zardari spent ten years in jail and nothing was proved against him. The Law Minister said, “It is crystal clear that we are victim of justice.”The bill says exercise of powers and performance of functions by a public office holder of his respective office under clause (1) of Article 248 of the Constitution for any act done or purported to be done shall not amount to commission of contempt of court.Fair comments about the general working of courts made in good faith in the public interest and in temperate language shall also not come under contempt of court.A true averment made in good faith and in temperate language for initiation of actions or in the course of disciplinary proceedings against a judge before the Chief Justice of a High Court‚ the Chief Justice of Pakistan‚ the Supreme Judicial Council‚ the Federal Government or a Provincial Government can also not amount to commission of contempt of court.Under the bill in a case the first cognizance of the offence has been taken by the Chief Justice‚ the functions of the Chief Justice shall be performed by a bench of judges composed of the two next most senior judges available.The statement of objects and reasons says the contempt law is a blend of the power of the court to punish for its contempt and the rights of the citizens in a democracy for fair comments and criticism.Therefore‚ it is necessary that whereas the law may provide for punishment for contempt‚ the full opportunity should also be provided to the alleged accused to have fair trial including transparent procedure for right to appeal is being streamlined and other necessary provisions relevant to contempt proceedings are being incorporated in the bill.Law Minister Farooq H. Naek also introduced The Constitution (Twenty-first Amendment) Bill‚ 2012.The bill provides to increase the family pension from the fifty to seventy-five percent for the widows of judges of the Supreme Court and High Courts.
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