Pakistan Reader# 384, 19 September 2022
Joel Jacob
On 23 August 2022, Islamabad High Court issued a contempt of court against Imran Khan for making controversial remarks against a female judge, calling his response "unsatisfactory”. During a political rally, he threatened to file cases against top police officials, the election commission, and political opponents over the treatment meted out to his aide Shahbaz Gill, who was arrested on charges of sedition. Khan had also taken exception to Additional District and Sessions Judge Zeba Chaudhry, who had approved Gill's two-day physical remand at the request of the police, and said she should "prepare herself as the action would be taken against her. Hours after the speech, Khan was booked under the Anti-Terrorism Act for threatening police, judiciary, and other state institutions at his rally. During its first hearing on 31 August, Khan personally appeared before the court and gave an apology. He expressed his willingness to “take back” his words about judge Chaudhry, if they were “regarded as inappropriate” and pleaded before the IHC that the judges who initiated the case against him should consider withdrawing themselves from the bench as, according to him, they had pre-judged the matter.
Victim Card play by Khan
According to an editorial in The News International titled ‘Minus One,’ Khan alleged that the government and its institutions are scared of the PTI’s popularity and therefore are going forward with the minus one formula by getting rid of him through disqualification. From Toshakhana to foreign funding to terrorism charges to contempt of court proceedings, there are cases against Khan in the courts and in the Election Commission of Pakistan. By threatening a female judge and the constant attacks on the government, the ECP, and CEC, Khan’s anger and frustration is now quite understandable. However, the author critiques Khan as in reality, the PDM government did not force Imran to falsely declare his assets, they did not force him to threaten a female judge of the lower judiciary, they did not initiate contempt proceedings against him, they did not stop him from tendering an unconditional apology, so why are they blaming the government for a ‘technical knockout’ when none of these things, except the terrorism case, which was condemned by most are due to the government? The PTI is demanding elections at a time when even by-elections have been postponed due to floods and the unavailability of security forces who are busy in flood relief efforts.
An editorial in Dawn titled ‘Pointless Disdain’ states that the worsening legal challenges are entirely his own making. Despite being given a rare second chance by the Islamabad High Court to offer an unconditional apology, his ego prevented him from doing so. Instead of offering a straight apology, as was expected by the court, Khan simply offered a more detailed defense of his actions while expressing ‘deep regrets’ over the matter.
Consequences of Imran Khan's ego
The opinion 'Pointless disdain' explains further why an apology is of great matter to Khan stating that he has already expressed “deep regret” over his utterances and gone to great lengths to explain why he said what he did. Clearly, he finds himself doing wrong. But instead of offering a clear apology, he has beaten about the bush and subsequently invited the court’s dissatisfaction.
The solution to the turmoil
Lawyer Mirza Moiz Baig in an interview with Dawn said that the judges adjudicating Imran’s contempt case too were in an unenviable position. Given that a decision against the PTI chief, whose popularity amongst his support base had only increased following his ouster from office, might trigger a strong reaction from a certain segment. Baig argued that the instance of former Prime Minister Yousaf Raza Gilani‘s case where he was disqualified from contesting for five years for contempt of court will be the same if Khan is found guilty. He adds that while some believe this is just another attempt by his opponents at a technical knock-out to check the PTI chairman’s growing popularity. However, the truth is that Khan has this time picked a fight of his own choosing.
In a column in Pakistan Observer titled ‘Voice of the People' several entries argue that it is perhaps time that Imran Khan realizes that it is not the time to play games and that he must take the courts seriously, and meet its requirements. The IHC clearly does not want to set a precedent by accepting his reply. The hearing made it apparent that the court probably wanted him to apologize so that it could dispose of the matter. Knowing all the pros and cons of the decision of contempt notice, the legal team of Khan is inclined to confront the judiciary. He should change his posture to one of moderation. He should not try to push it to the wall, which he is doing at the moment. The IHC should uphold the supremacy of law keeping in view the precedents in cases of Contempt of Court.
References
Tahir Naseer, “Contempt case: In revised reply to IHC, Imran expresses ‘deep regrets’ over ‘unintentional’ remarks against
“Pointless disdain,” Dawn, 10 September 2022
“Minus one?” The News International, 12 September 2022
“Voice of the People,” Pakistan Observer, 4 September 2022
“Imran Khan attacks Pak Army, blames it for worsening economic crisis,” Business Standard, 13 May 2022
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