Senior lawyer moves PHC against TIP over corruption perception survey results

PESHAWAR: A senior lawyer has filed a contempt petition in the Peshawar High Court (PHC) against the Transparency International Pakistan (TIP) for allegedly declaring judiciary in Khyber Pakhtunkhwa the most corrupt institution in its recent National Corruption Perception Survey (NCPS-2022).

In the petition, Shabbir Hussain Gigyani, a Supreme Court advocate, requested the high court to prohibit the anti-graft watchdog from publishing “false, fake and factitious” reports.

The petitioner sought the court’s orders for the government to monitor the functioning of the organization and regulate their acts and action.

He has made the TIP’s country director, media head and publisher as respondent in the petition. The petitioner has referred to the reports of national and international media about the TIP’s National Corruption Perception Survey (NCPS), 2022, which identified the sectors “perceived as the most corrupt at national and provincial levels.”

The survey report, seventh in the last 21 years, was released on Dec 9 on the occasion of the International Anti-Corruption Day.

In Khyber Pakhtunkhwa, judiciary was the most corrupt sector followed by the tendering and contracting, and the police, according to the TIP survey’s findings mentioned in a news item as claimed in the petition.

The petitioner said that the survey was reported by print and electronic media, while its findings went viral on social media as well.

He said that the survey report not only “scandalized courts,” judges and judicature but also tried to “bring the same into hatred, ridicule and derogatory position.”

The petitioner said being a student of law and member of the bar council, he prayed the court to invoke to the jurisdiction conferred on it under Article 204 of the Constitution read with sections 3, 4 and 5 of the Contempt of Court Ordinance, 2003, along with other relevant laws.

He contended that apart from “scandalizing the courts,” the organization had allegedly attacked the character of the judges and judicial officers, and blemished the quality of the judicial work. The petitioner contended that it had allegedly tried their best to attack the independence of judiciary, which was one of the main features and hallmarks of the Constitution.

The petitioner contended that the release of the survey report was tantamount to abusing the freedom of expression as it didn’t have any cogent source or evidence of its contents.

 

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