As passed by the National Assembly on Monday, the bill was earlier tabled by Law Minister Farooq H Naek after Senate adopted a motion suspending rules to take up consideration of the bill immediately.
The opposition parties led by Pakistan Muslim League-Nawaz (PML-N) before leaving the House in protest resisted to defer passage of the bill to what they termed as 'hasty move' showing "mala-fide intentions' to provide 'blanket immunity' to Prime Minister Raja Pervez Ashraf who has been asked by Supreme Court to file his reply by today (Thursday) in the NRO implementation case. The walk out protest was also joined by senators belonging to JUI-F and National Party.
Ironically, the government also faced resistance from its top legal wizards including Aitzaz Ahsan and Mian Raza Rabbani of PPP and Mushahid Hussain Syed of the coalition partner, PML-Q who during the course of proceedings cautioned the government that there was a strong possibility the apex court might set aside the law owing to some of its controversial clauses.
"It is a mala fide attempt and amounts to lowering the prestige of the Parliament. You are going to make hostage the Constitution through this legislation which is being made to provide blanket immunity to the Prime Minister and ministers," said Leader of the Opposition Ishaq Dar while taking part in general debate on the Bill.
He demanded withdrawal of bill otherwise the opposition will take appropriate action to ensure that the bill does not stay on the statute book even if it becomes an act. "We will take every step to make sure that the bill does not stay on the statute book even if it becomes an act," he warned.
Aitzaz Ahsan, in his arguments referred to some clauses of the bill and expressed the fear that there was possibility that court might term the law against the Constitution. He argued that any legislation which is being made in haste would be counterproductive even for the government itself.
He said the contempt of court law was overall good as it strikes balance in the powers of the judiciary and executive. He, however� said that two of its sections might be described as in violation of the constitution, which needs to be reconsidered.
About the misuse of the contempt laws, Ahsan, though did not name the former Prime Minister Gilani, said that an accused was charged for "ridiculing the judiciary" which was earlier neither mentioned in any hearing nor in any charge against him.
Most recently, he added that a judge of the higher judiciary sent a person to jail from the court room in the contempt case for staring at him during the course of proceedings. "Hence, the courts also cross the limits under this law", he further argued.
Seconding Aitzaz's arguments, Raza Rabbani also opposed two of its sections, which he said that the court might set aside the law on the basis of these clauses. He said though in some countries this particular law was being reviewed but, he added in the countries like Pakistan where there does not exist rule of law it would lead to a "tyranny" of the executive.
He asked the government not to make hasty decision by passing the bill otherwise it would hunt it in the future when not in the power. He further said that owing to the situation and challenges to the country both on internal and external fronts, it is time to show maturity and demonstrate political and judicial restraint.
ANP's Azam Khan Hoti said it was for the Parliament to decide its role and all institutions should work within their jurisdiction. He also sought ruling of the chair to determine whether the Parliament is supreme or any other institution of the country. Similarly, he also urged the chair to give ruling whether the parliamentarians were protected and enjoying immunity while speaking on the floor of the House.
ANP's Haji Adeel while taking part in the debate on the Bill grilled the judiciary and the judges for taking plots. He argued that Parliament, being creator of the Constitution was superior to the legal document.
Those who spoke against the bill include PML-N's Raja Zafar-ul-Haq, Zafar Ali Shah and Rafiq Rajwana, JUI-F's Maulana Mohammad Khan Sherani and Abdul Ghafor Haidery and National Party's Hasil Bizenjo.
In its statement of objects and reasons, the bill states that the contempt law is a blend of the power of the court to punish for its contempt and the rights of the citizens in a democracy for 'fair comments and criticism.
It is, therefore, necessary that whereas the law may provide for punishment for contempt the full opportunity should also be provided to the alleged accused to have fair trial including transparent procedure for right to appeal. Right to appeal is being streamlined and other- necessary provisions relevant to contempt proceedings are being incorporated in the Bill.
The Bill will now become Act after signing by the President
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