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Muttahida Qaumi Movement was in ferment over the notice to its leader, insisting his reaction to the apex court's verdict in the Karachi constituencies' delimitation case was in public domain and could be legitimately criticised. But the Supreme Court held a different view, and in ordering Altaf's appearance before it had noted that his remarks amounted to obstruction of justice of the court by advancing threats and these also tended to bring judges into hatred, ridicule and contempt. And he was asked to present himself before the court on January 7 and defend his remarks about the verdict which the court found on the face to be contempt of the court.

A titanic clash was feared to be in the making also because he had called upon his party workers from all over Pakistan to descend on Islamabad on that day of hearing. In himself he won't be there, said Farooq Sattar citing "unnatural threats" to his life. Even the floor of the National Assembly was used by an MQM member to speak against the order in words that were expunged by the chair, but have now been sought by the apex court. All this is now in the past as Altaf Hussain has applied a huge damper by asking his partymen to remain calm and desist from using derogatory and contemptuous language against judiciary. Going by the tempo of things in Karachi and other cities in Sindh it appears his advice has been complied with. Obviously the people all over the country have heaved a sigh of relief, and thus put paid the doomsayers for their prediction of doom and gloom.

As to whether Altaf will appear before the court and what fate awaits him, it is not for us to comment. But we do feel that the MQM leader has walked an extra mile to avoid confrontation with judiciary, and his commitment to constitutionalism remains in place. There is no question of any force in Pakistan browbeating the higher judiciary, especially now when it enjoys massive public support unlike in the past when its controversial decisions had somewhat damaged its image. That the zealots of a particular political party had the audacity to storm the Supreme Court in 1997 and largely go unpunished is no more possible. But the stigma of disrepute earned by that party remains stuck, a fact that too might have influenced the MQM leader's thinking. And in that he has conveyed to all and sundry that he wouldn't like to be seen in the company of those political players who defied courts' orders with impunity. As a victim of illegal and unconstitutional excesses in the past the MQM rightly feels that its best politics should be in step with legality and constitutionalism. The main plank of the MQM vote bank being relatively educated and middle-class, its best bet is to remain committed to constitutional and legal politics. Then, also, peaceful and calm Karachi is in its voters' best interest.

However, till the next hearing of the case there is a debate among the legal circles as well as some foretelling about outcome of contempt of court case against Altaf following a dramatic change in his stance. Since contempt of court is a matter between the contemnor and the court it is essentially a subjective matter. The Supreme Court may close the case if he conveys through a written statement that he did not mean contempt of the court. Contempt of court proceedings are always quasi-criminal proceedings. As for his personal appearance, it is entirely up to the court to grant him exemption from making personal appearance on safety grounds. Essentially the contempt of court notices are issued to secure the judiciary from statements and remarks which tend to undermine the independence of judiciary by lowering the respect of judges. If the court feels that the contemnor has realised his mistake, he is generally absolved of the charge. And if history is any guide, there are numerous cases when top political leaders offer unconditional apology - earning in return not a tag of defeat but respect of the general public. We wouldn't be surprised if the contempt of court case against Altaf Hussain takes this course.

Copyright Business Recorder, 2012


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