Uniform restraint

Naturally, all institutions of the country need respect in order to function correctly. This is most true of the judiciary, given its responsibility of upholding law, which can only be achieved if it has the full respect of people. Certainly, that respect was violated by Senator Nehal Hashmi in May last year when he lashed out against the judiciary. The outcome, however, possibly poses more problems than it solves. The verdict by the Supreme Court has declared Hashmi guilty of contempt, and sentenced him to a month in jail and a hefty fine. Going strictly by the letter of the law, there can be no objection to the sentence handed down to Hashmi. But the judges also have some leeway in the application of the law. Senior lawyer Asma Jehangir has pointed out that courts usually forgive those who apologise to the court for things they may have said in the heat of the moment. Hashmi, soon after his contemptuous statements, appeared in front of the Supreme Court and not only apologised to the judges but sought divine forgiveness as well. But the Supreme Court seems determined to pursue contempt cases seriously and with vigour. It has now summoned two other members of the PML-N – Minister of State for Interior Talal Chaudhry and Minister for Privatisation Daniyal Aziz – to explain speeches they have made against the judiciary. Whether their speeches rise to the level of contempt will have to be adjudicated by the Supreme Court, keeping in mind the difference between critiques of court verdicts and unjustified personal attacks on judges.

Both legal and political commentators have expressed the fear that the spate of contempt cases currently being pursued are all against members of the ruling party even though other too have given speeches that may fall under the definition of contempt. During the Faizabad dharna late last year, for example, there was obvious disrespect for the judiciary. Politicians from other parties, such as Imran Khan, have faced contempt proceedings without suffering the same punishment as Nehal Hashmi. This may be why the PPP’s Bilawal Bhutto Zardari has wisely said that he is uncomfortable with the use of contempt cases against politicians and would like to see a uniform standard applied to everyone. It is also apparent that for now, politicians including Nawaz Sharif and notably his daughter Maryam Nawaz are refusing to see the Hashmi case as a reason for restraint. At a time when there have been worries about institutional clashes, there is an obvious need for restraint on all sides. The last thing we need right now is any kind of confrontation or for any side to get the impression that they are being victimised.