Another judge dissociates himself from contempt case against IGP, others

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KARACHI: Expressing displeasure over the absence of three accused police officers in a contempt of court case, the Sindh High Court on Tuesday asked them to be present in the proceedings against them as they had been formally indicted in the case.

A division bench comprising Justices Muneeb Akhtar and Karim Khan Agha also censured Inspector General of Police Ghulam Hyder Jamali for his being late for the proceedings and cautioned him to be careful in the future.

At the outset of the hearing, the bench noticed the absence of SSP-South retired Capt Chaudhry Asad, SP-Saddar Raees Abdul Ghani and SP-Liaquatabad Tahir Ahmed Noorani.

The judges were informed that the SSP-South could not be present in court due to personal bereavement, while the SP-Saddar did not come because his son was admitted in the intensive care unit of a hospital.

The counsel for accused SP Noorani informed the court that the police officer was on his way to the court. The bench cautioned him also to be careful in the future.

The bench observed: “The alleged contemnors are senior officers of the police as just noted, and we would note for their information and caution that since charge has been framed against them they must be present before the court when the matter is called up, and they should arrange their official duties and affairs accordingly.”

It further warned that the absence of any accused in the case may not be excused in future when the matter is taken up at first call.

The bench put off the hearing to Feb 17 as Justice Agha refused to proceed with the case on account of his personal relationship with the petitioner.

On Dec 23, 2015, judges of a division bench — Justices Ahmed Ali M. Shaikh and Syed Muhammad Farooq Shah — dissociated themselves from the case and referred it to the SHC chief justice for placing it before another bench after lawyers for the alleged contemnors expressed ‘no-confidence’ in the bench.

The contempt proceedings against IGP Jamali and others were initiated on the petition of disowned Pakistan Peoples Party leader Dr Zulfikar Mirza for besieging the SHC and adjoining antiterrorism courts on May 19 and 23.

During the May 23 siege of the SHC, uniformed and plain-clothes personnel had used force to arrest a number of associates of Dr Mirza who, along with him, appeared in court to seek confirmation of their pre-arrest bail in several cases.

Dr Mirza’s guards and some of his associates, as well as media persons, were manhandled at the main gate of the court’s building. Several vehicles parked in the area and media personnel’s cameras were also damaged during the action.

The court had framed charges, but the officers pleaded their innocence and opted to face the charges.

Earlier, the bench had rejected the police officers’ apologies on two occasions.

Those formally indicted for contempt are: IGP Jamali, former Karachi police chief Additional IG Ghulam Qadir Thebo, DIG-South Dr Jamil Ahmed, DIG-West Feroze Shah, Captain Asad, officer in charge of the Special Security Unit SSP retired Major Saleem, Additional IG-Legal Faisal Bashir Memon, SSP-City Fida Hussain Janwari, SP-Saddar Zeeshan Shafiq Siddiqui, former SP-Saddar Raees Abdul Ghani, SP-Headquarters (West) Tahir Noorani and Sub-Inspector Jehangir Mahar.

Published in Dawn, January 20th, 2016

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