ISLAMABAD, Oct 26: The Supreme Court on Tuesday withdrew judicial powers of a magistrate, Nasir Javed Rana, for granting ten-day remand of a senior lawyer in violation of the law and directed the Lahore High Court to take further action against the official.
"The magistrate has a strong tendency for committing any mischief and is absolutely unfit for judicial service," Chief Justice of Pakistan Justice Nazim Hussain Siddiqui observed in a 14-page judgment on a suo motu notice against the illegal detention of senior lawyer Habib Wahabul Khairi.
Mr Khairi was arrested under Sections 420 (cheating and dishonestly inducing delivery of property of fraudulent deeds and disposition of property), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document) of Pakistan Penal Code (PPC).
The chief justice observed that the high court was required to complete the action against the magistrate in accordance with the law within two months. He also directed posting of another judicial officer in place of the magistrate.
Unfortunately, it was not possible to take a lenient view of the official's guilt, as evidence suggested that Khairi was never produced before him, the order said. The magistrate became a tool in the hands of the police officers and granted remand at the behest of someone behind the scene, the order further said.
The court also suggested action against four lawyers Malik Tahseen Khalid, Shahid Mehmood Mughal, Chaudhry Nisar Ahmed and Chaudhry Muhammad Maqbool Gujjar for submitting fake affidavits and directed the Punjab Bar Council to proceed against them for being guilty of grave indiscipline and misconduct.
They have also been barred from appearing before any court till conclusion of the case proceedings within four months.
The district and sessions judge, Rawalpindi, is also required to suspend the employees working in the court of the magistrate, who submitted false affidavits about Khairi's presence in the court of the magistrate at the time of remand.
Disciplinary action against these employees should be completed within three months, while the copies of the suspension orders should be sent to the Supreme Court immediately, the order said.
The court also directed the inspector general of police, Punjab, to immediately submit a report in pursuance of the earlier orders to take action against Deputy Superintendent of Police (DSP) Rana Shahid Pervez and Station House Officer (SHO) New Town for not performing their duties in accordance with the law.
The chief justice further observed that the magistrate deliberately misconducted himself and remanded a senior lawyer in police custody by jeopardising the sanctity attached to a court of law.
"The magistrate failed to observe legal formalities before passing the remand order," the order said, adding, "not only he passed a wrong order, but also took a brazen-faced stand that Khairi was produced before him."
