Insult of an institution can’t be pardoned: SHC

Published June 2, 2015
'The action taken against some police officers responsible for the May 23 siege of the SHC was mere eyewash.'—PPI/File
'The action taken against some police officers responsible for the May 23 siege of the SHC was mere eyewash.'—PPI/File

KARACHI: The Sindh High Court on Monday observed that the action taken by the chief minister against some police officers responsible for the May 23 siege of the SHC was mere eyewash.

Justice Sajjad Ali Shah, who is heading a two-judge bench, also remarked during the hearing that the insult of a judge might be forgiven, but the insult of an institution could not be forgiven.

The bench fixed the matter for June 4 to decide the fate of unconditional apologies submitted by the inspector general of police and other senior police officers.

Read: IGP told to name officer who authorised ‘attack on high court’

The court was hearing the petition of former home minister Dr Zulfikar Mirza seeking contempt proceedings against police high-ups for besieging the SHC and antiterrorism courts on May 23 when he appeared in court for his bail extension.

On May 23, armed but plain-clothes policemen in balaclavas laid a siege to the SHC and ATCs and beat up the guards of Dr Mirza and media persons at the main gate of the SHC building. The policemen also smashed several parked vehicles and snatched cameras from journalists.

On a previous hearing, the court had deferred the indictment of the IGP, Karachi police chief and other senior police officers and asked the chief secretary to apprise it on June 1 what action the chief minister had taken against the police officers responsible for the siege.

On Monday, the chief secretary submitted a report about the action taken by the CM that included suspension of some junior officers and formation of a two-member body to probe into the incident.

However, the bench observed that the action taken by the CM was nothing but an attempt to hoodwink the court.

The IGP also submitted in court the security plan devised for May 23.

The bench observed that it appeared as if the security plan was made to counter an attack of terrorism or criminals.

The court also hinted at indicting the IGP and others for besieging the ATCs and SHC on May 19 and May 23 when Dr Mirza appeared in court for his cases.

Representing the IGP, Advocate Farooq H. Naek submitted that his client had put himself at the mercy of the court by submitting an unconditional apology and pleaded that it might be accepted.

Justice Shah, however, remarked that the incident was of serious nature and an insult of a judge might be forgiven, but the insult of an institution could not be pardoned.

The court also expressed its resentment over manhandling of newsmen during the siege.

The counsel for the IGP said that his client would seek an apology from the media as well as from Dr Mirza and assured the bench that such incidents would not be repeated in future.

Representing the journalist community, Barrister Salahuddin Ahmed placed on record the footage of the incident and argued that state institutions must not act as an agent of any political party.

He insisted that the incident was a clear case of contempt of court and the responsible police officers must not be forgiven.

After hearing arguments, the bench adjourned the hearing till June 4 to examine the personal affidavits submitted by the IGP and others seeking an unconditional apology and warned that appropriate orders would be passed against responsible police officers.

Published in Dawn, June 2nd, 2015

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