KARACHI, Jan 11: The former executive director of the Institute of Behavioral Sciences, Dr S. Haroon Ahmed, has filed a contempt application against Dr A. Q. Khan and others, seeking attachment of their property and detention in prison for six months for allegedly violating the court order through which the parties had been directed to maintain status quo in respect of the IBS.
Dr Haroon has filed the contempt application in the Sindh High Court in which he has pointed out that by refusing entry to IBS doctors into IBS premises, the alleged contemnors had abused and interfered with and obstructed the process of the SHC and had brought the court into ridicule and contempt by ignoring the effect of the order passed on Dec 19, through which extension in the interim injunction in favour of Dr A. Q. Khan was refused.
Dr Haroon’s application also refers to the Sindh High Court order signed by Justice Zahid Kurban Alavi which said: “Counter-affidavit has been filed by defendants No 1 and 2. Mr Akhtar Hussain, advocate, has filed power as well as Mr Kazim Hassan, advocate, appears on behalf of defendant No 2. Copy of counter-affidavit has been supplied to counsel for plaintiff who wants time to file rejoinder.
“On 11-12-2002 my learned Zia Perwez, J, has given notice for today and passed an order that defendants may be restrained from interfering with the discharging of duties by plaintiff in the management and control in relation to the Institute of Behavioral Sciences. This restrictive order was operative till today. I asked the counsel for the plaintiff to show on what grounds this restriction should continue. I further asked him as to whether the suit was filed in the personal capacity of the plaintiff or in his capacity as chairman/ patron Board of Governors. No satisfactory reply has been given. Furthermore, the Board of Governors is constituted and comprised of eminent members of the society. I have noted that the chairman is Justice (retd) Nasir Aslam Zahid whilst a sitting Judge of this Court is also a member.
“Under the circumstances it is rather difficult to appreciate at this juncture that the Board of Governors would not know what is going on. The prayer is very general and vague. Hence the interim order granted earlier does not require any further extension. Order accordingly.”
Dr Haroon’s contention is that the court’s order was in the knowledge of Dr Khan, but despite that Dr Tariq-uz-Zafar placed an advertisement through which services of doctors, preferably psychiatrists, for humanitarian services were required. His contention is that the advertisement was violation of the court order.
It was also Dr Haroon’s contention that counsel for Dr Khan, Dr Farogh Nasim in his submission prior to the above-mentioned court order had not hinted that the governing body of the IBS had been reconstituted. Consequently, it was evident that it actually came into effect subsequent to the status-quo order of the SHC.
Since Dr Khan claimed that he was the moving spirit behind the conduct of IBS affairs, the contemnor No 2 could not have acted without his knowledge or permission. It was violation of Order 39 Rule 3 of CPC and order of the SHC, he maintained.
