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IHC refuses apology from Islamabad DC in contempt case

It was the best of times when Quaid-e-Azam Muhammad Ali Jinnah made an address to civil officers in Peshawar in April 1948 saying ‘The reason why I am meeting you is that I wanted to say a few words to you who are occupying very important positions in the administration of this province. The first thing that I want to tell you is that you should never be influenced by any political pressure, by any political party or any individual politician. If you want to raise the prestige and greatness of Pakistan you must not fall victim to any pressure but do your duty as servants of the people and the state, fearlessly and honestly.

Perhaps  this speech of the Quaid-e-Azam was in the mind of the Hon’ble judge of Islamabad High Court (IHC) while turning  down unconditional apology of  Deputy Commissioner (DC) Islamabad Irfan Nawaz Memon in a contempt of court case and directing concerned authorities to include name of Memon in Exit Control List (ECL).

According to details, Justice Babar Sattar of the IHC passed the orders while hearing contempt of court proceedings against Irfan Nawaz. Appearing before the court, the DC submitted  as many as 18 hearings had been conducted in this case so far claiming he not missed any of the hearings. He expressed to surrender him to the court.

However, Justice Babar Sattar scolded Irfan saying whether the DC consider this a joke. He remarked that you are under contempt of court case. You have issued 69 Maintenance of Public Order (MPO) for 970 days. Responding to submission of the DC, Justice Babar Sattar observed saying does they not have children and don’t they want to go for Umrah. He further said that he issued a show cause notice and verdict will be given till February 26.

In this juncture,  Raja Rizwan, counsel for DC requested the court to pause the hearing for while.  At which, Justice Babar Sattar observed this case could be completed yesterday but just because of you it could not be completed till now. He asked from Memon that don’t you know about the court order. Responding to the court query, Irfan submitted that he could not think to disvalue of the court order. Justice Babar Sattar inquired that now the benches will be making on your will.

During the hearing, Advocate Raja Rizwan read the context of the case on DC Islamabad and argued that the contempt of court is of three types. Civil, Criminal and Judicial. This contempt of court case has been started amid having barriers in taking justice. He requested from the court that this contempt of court case was not eligible on the merit of section six. The 3MPO was rejected on court’s order after that a new MPO order which has been issued by the district magistrate of Rawalpindi.

He further said that the DC Islamabad did not make any contempt of court but the DC Rawalpindi did it. The court has to examine the whole situation of this case. Pakistan Tehreek-e-Insaf’s (PTI) party leader was arrested on August 05 adding May 09 case is also in front of everyone. Rizwan expressed he was not here to die anyone in this case. Intelligence Bureau (IB) have informed the court about the agitation and law and order situation in Islamabad.

It should be noted that the court issued the arrest warrant of DC Islamabad on Tuesday. it also issued a show cause notice to Irfan Nawaz on the request of not appearing in the IHC and ordered to include the name of DC in the ECL.

 

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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