MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Supreme Court on Wednesday issued a fresh bailable warrant for the arrest of a senior opposition lawmaker who has not appeared before a division bench for the “clarification” of his allegedly contemptuous remarks about the superior judiciary.
The warrant was issued after the bench, comprising Chief Justice Chaudhry Mohammad Ibrahim Zia and Justice Raja Saeed Akram Khan, was informed by the process-server, a deputy superintendent of police, that Sardar Khalid Ibrahim, member legislative assembly (MLA) from Rawalakot, was not available to be served thewarrant.
The warrant was issued on Oct 11 after Mr Ibrahim’s “continuous non-appearance” before the bench for clarification of remarks he had initially made in his speech on the floor of the Legislative Assembly on May 24 and repeated at pressers.
Taking strong exception to the statement of the process-server, the bench observed that it was strange that a man who had himself stated, before the media, that he was ready to court arrest was not available to the process-server.
The bench directed Advocate General Karam Dad Khan to record evidence on Thursday when hearing of the case would resume.
The bench expressed the hope that the media would show sense of responsibility while reporting on this issue.
Mr Ibrahim, who heads his Jammu Kashmir Peoples Party (JKPP), had alleged, among other things, in his speech on the floor of the house that the recent appointment of five judges in the AJK High Court was the result of a “deal” on abolition of the AJK Council.
He also levelled serious allegations on the person of Mr Zia, particularly his alleged “negative role” in the “controversial appointment” of the high court judges.
The speech, after it was carried by a section of the press the following day, earned him the ire of the court which issued him a notice for a clarification, either personally or through counsel, of hisremarksbefore Justice Raja Saeed Akram Khan on June 5.
However, the JKPP chief made it clear at two successive pressers that he would not give any clarifications and would rather prefer to go behind bars.
As Mr Ibrahim did not appear before the judge on June 5, the latter placed the matter before the chief justice, who constituted the division bench to take up the case.
Since AJK’s superior judiciary does not enjoysuo motupowers, lawyers moved three separate applications for the initiation of the contempt of court proceedings against Mr Ibrahim.
In June, the bench gave two more opportunities to Mr Ibrahim to defend himself, but to no avail, following which he was indicted for contempt of court on July 3.
Even after that, Mr Ibrahim did not appear before the bench at two hearings on Oct 4 and Oct 11, forcing the bench to issue a bailable warrant for his arrest in the sum of Rs20,000.
On Tuesday, a shutter-down strike was observed in Rawalakot, coupled with a rally of hundreds of people, to express solidarity with the JKPP chief. Opposition PTI and Muslim Conference had also supported the strike call.
Published in Dawn, November 1st, 2018
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