A five-member full bench is hearing contempt of court petition against President Zardari for not relinquishing political office in view of early court order. Earlier, the petitioner's counsel AK Dogar stated that access to justice was the fundamental right of every citizen and if the court orders were not implemented the said right would be violated. Responding to a court's query, Dogar said contempt of court was a crime under Article 204 and no one, including President, had got immunity.
He requested the court to issue contempt notice to the President under section 17 of contempt of court law and added that he had no intention to get President convicted but the implementation of court order was his prime object. To this, Chief Justice remarked that the President and the governors enjoyed constitutional immunity in criminal cases. However, no one got absolute immunity in contempt of court law.
Azhar Siddique, another counsel for the petitioner, contended that article 248 of the Constitution did not have overriding effect over other clauses of the constitution. Hence President could not even claim immunity under clause 2 of Article 248. "Contempt of court and high treason are only constitutional crimes and both have their independent implications and effects," Siddique said.
Azhar, however, added that contempt law was of unique kind as it could not be termed criminal or civil in nature. It is called Sui Generis, according to him. Azhar also placed on record the copies of National Assembly debate at time of approving the Constitution of 1973. He said the then law minister, Abdul Hafeez Pirzada, had stated on the floor of Assembly that President was a ceremonial post and he was granted immunity under Article 248 for smooth running of affairs of government but no such immunity could be sought in contempt of court case.
Azhar said it was court's discretion to frame charges against contemnor under contempt of law ordinance 2003 or straightaway convict him on the basis of available material. "Court would have to see who has got immunity and who does not if we want to establish rule of law, "Justice Mansoor remarked.