MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Supreme Court on Monday warned that it could send a cabinet member to judicial lockup if he failed to appear before the bench on October 26.

The warning was given in a short order by a division bench, comprising Chief Justice Chaudhry Mohammad Ibrahim Zia and senior judge Raja Saeed Akram Khan, to Minister for Sports, Culture, Youth and Mangla Dam Affairs Chaudhry Mohammad Saeed after his non-appearance due to some health issues.

The minister, who has returned from Mirpur city, is being tried by the apex court on an application for contempt of court proceedings against him, for “unlawfully occupying more than one kanal and eight marla crown land” along with his house, “in an act that amounted to infringement of a court decision”.

The said house, purchased by Mr Saeed back in 2003, is located along the bank of Mangla Dam and is adjacent to a palatial rest house of the AJK apex court.

At the last hearing on October 18, minister’s counsel retired Justice Abdul Majeed Malick had maintained that his client had not committed any contempt of court and that he had already demolished the boundary erected around the said piece of land apart from tendering unconditional apology to the court.

Calling for termination of the proceedings, the counsel had further argued that the apex court judgment, relying on which application against Mr Saeed was filed, was about the master plan of Mirpur city, whereas the area where the house in question was located did not fall in the purview of the master plan.

However, the court had held that since the occupant was not an ordinary citizen but a minister and he had also admitted unlawful occupation, the plea to drop proceedings was untenable.

The court had also directed the parties to file list of witnesses and detail of evidence on the following day, so that evidence of the prosecution and petitioner could be recorded on October 22 and counter evidence of the respondent (Mr Saeed) could be recorded on October 23.

However, on Monday an application was filed on behalf of Mr Saeed for exemption from personal appearance and adjournment of hearing due to his health problem.

In its order on Monday, the bench said that during the last hearing it had intentionally not ordered the respondent to furnish the bond and surety, in view of his portfolio.

“However, for ends of justice, last opportunity is granted and in case of failure to appear (at the next hearing), we will be constrained to issue warrant of arrest and send him to judicial lockup,” the bench declared.

The bench directed Mirpur deputy commissioner, who was present in the court, to furnish complete measurement of the land claimed by the respondent to be in his ownership, demarcate the same and raise permanent boundaries.

Any cost, so incurred, shall be recovered from the respondent, it added.

The bench further directed the DC to furnish the copies of the revenue record regarding any other property in possession of the respondent or his family members that they did not own legally, before the next date of hearing.

Published in Dawn, October 23rd, 2018

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