KARACHI: The pampered child, Imran Khan, shrewdly played a bluff move and achieved adjournment delaying the framing of the charge under contempt laws. Hashmat Habib President Tehreek-e-Tahafuz-e-Adlia said contempt proceeding is a serious matter touching the dignity and authority of the judicial forum, therefore, courts normally initiate action in very rare cases to deal with it carefully in accordance with law and constitution. Hashmat Habib said there are many cases where the Court took action on press news therefore it is safely said that if Judges perform their functions as per their Oaths then there is no chance of acquittal. Hashmat Habib said Mr. Hamid Khan disclosed a bluff move in the media saying that it was not an unconditional apology but only regret.

He said this type of apology or regret is not known to the judicial forum, therefore, the court has no option except to frame a charge against the alleged contemnor. In the present circumstances, any type of apology cannot change the law and procedure except to award punishment to Imran Khan which may be a full dose, or in the presence of confession, a lenient view may be taken.

He said in this matter entire High Court took notice and issued a show-cause enabling Imran Khan that why action under the contempt laws should not be taken against him. It always matters of dignity and honors of the Court, therefore, the contemnor on receipt of show-cause notice tenders unconditional and unqualified apology confessing his guilt and leaves himself at the mercy of the court, and thereafter it is the discretion of the court to proceed further or discharge notice.  Hashmat Habib said in Senator Nehal Hashmi Matter I was the defense counsel and challenged the legality of the show cause notice demonstrating that no name of any judge was taken in the gathering held in the hall. On this Justice Azmat Saeed said Hashmat sahib your client was about to tender an apology but you are challenging it.

It was properly replied that the case is not attracted by Contempt laws anyhow Nehal Hashmi changed the Advocate and was subsequently imprisoned.  Hashmat Habib further stated that in principle we are against the contempt of court laws because the judgment of the court commands respect or criticism for the betterment of the society anyhow when law exists then the court has to dispose of the issue in accordance with the constitution and law.

He said in this pending matter in spite of the submission of 2 Affidavits Court proceeded to frame the charge but suddenly Imran Khan appeared in person in addition to his lawyer Mr. Hamid Khan and in open words expressed apology which reflects admission of crimes and lenient action anyhow matter was adjourned to frame charge on 3rd October and during this time Imran khan was directed to submit his apology in the shape of affidavits.

Published in The Daily National Courier, September, 27 2022

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