LAHORE - National Assembly Speaker Sardar Ayaz Sadiq filed a contempt petition against Tribunal Judge Kazim Malik in the Lahore High Court on Monday for allegedly not obeying the order of the Supreme Court while announcing verdict on a petition filed by PTI chief Imran Khan for recounting of votes in NA-122.
Sardar Ayaz Sadiq, filed the petition through Asjad Saeed advocate, saying that he was elected from NA-122 in general elections last year. He said he secured 93,389 votes while his opponent candidate Imran Ahmad Khan Niazi could bag 84,517 votes.
Petitioner Ayaz Sadiq said that Imran Khan had challenged his victory before the election tribunal but he objected to the maintainability of the petition. The petitioner said that the election tribunal was bound to hear the objections rose on the maintainability of the petition as per order of the SC. On January 1, 2014, SC had announced a judgment according to which “if an objection is raised as regards the maintainability of the petition the court/tribunal should decide that preliminary objection, because if that objection is sustained then the court is left with no option but to dismiss the petition”. The petitioner stated that the tribunal judge, instead of complying with the directions of SC, relied on its own earlier order announced on Oct 22, 2013, holding that it had no power of review.
He stated that the judge by his order on Nov 21, 2014 refused to follow the order of the SC and thus, he was guilty of gross contempt of the Supreme Court.
He further said that this violation of SC order was brought into the knowledge of the judge that by virtue of Article 189 of the Constitution of Pakistan, the judgment of the SC of Pakistan is binding on all courts and no court can take any contrary view or refuse to follow the orders of the apex court.
The petitioner said the judge disobeyed and disregarded the order and process of the Supreme Court, which he is legally bound to obey. The judge intentionally brought the authority of the august court as well as the administration of law into disrespect and disrepute, interfering, obstructing and seeking to prejudice the process of law and the due course of judicial proceedings, which has also caused disturbance to the order and decorum of the entire judicial system of Pakistan, for which the respondent is liable to be punished under the Contempt of Court Ordinance 2003.
Sardar Ayaz also challenged the order of the election tribunal announced by tribunal judge Kazim Malik on Dec 8, 2014, relying on the above said grounds. He requested the court to punish the respondent as stipulated in Section 5 of the Contempt of Court Ordinance 2003 and be directed to vacate the contempt by complying with the order of the Supreme Court. Justice Ijazul Ahsan will hear both the cases today (Tuesday).