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ISLAMABAD: The Islamabad High Court (IHC) on Thursday indicted Islamabad Deputy Commissioner Irfan Nawaz Memon, Senior Superintendent of Police Malik Jameel Zafar, SP Farooq Buttar, and Margalla Police Station SHO Nasir Manzoor for contempt in a case pertaining to the arrest of PTI leaders Sheheryar Afridi and Shandana Gulzar.
A day earlier, Justice Babar Sattar stripped DC Memon of powers to detain suspects under the Maintenance of Public Order (MPO).
Justice Sattar noted that the DC, in his capacity as the district magistrate, had issued the detention order in violation of court orders.
During Thursday’s hearing, DC Memon tendered an unconditional apology along with an explanation for issuing the detention order.
Islamabad Advocate General Ayaz Shaukat requested the court to withdraw the contempt notice issued against Irfan Memon and officials of the Islamabad police, but he could not convince the judge.
Justice Sattar rejected the request to withdraw contempt proceedings and also termed the reply submitted to the court by the alleged contemnors “unsatisfactory”. The judge remarked that the maximum punishment for contempt of court is six months in jail.
Since Mr Memon has issued “excessive orders” to detain various persons, he will get familiar with the jail environment, the judge added. When the judge indicted DC Memon, SSP Zafar, and others, they pleaded not guilty.
Subsequently, the court decided to put all of them on trial and appointed Islamabad Bar Association President Qaiser Imam as the prosecutor. Earlier on August 16, Justice Sattar suspended the detention orders of Mr Afridi and Ms Gulzar and warned the DC and SSP of contempt of court proceedings.
A day earlier, the judge had issued show-cause notices to DC Memon, IGP Dr Akbar Nasir Khan, the city chief commissioner, and other police officials for “criminal contempt of court for abuse of authority to obstruct dispensation of justice and cause diversion to the course of justice”.
Mr Afridi was first arrested on May 16 from his Islamabad residence under Section 3 of the MPO Ordinance, 1960. He was rearrested on May 30 under the same section soon after his release from prison.
On August 3, Afridi was granted bail by the Lahore High Court’s Rawalpindi bench, but was later picked up by the Rawalpindi police soon after his release from Adiala jail. A petition was subsequently filed by his lawyer in the IHC.
Meanwhile, Ms Gulzar was “allegedly” abducted by the Islamabad police on August 9. A petition was later filed by her mother in the IHC on the grounds of illegal arrest and violation of articles 4, 9, 10A and 14 of the Constitution.
Published in Dawn, September 8th, 2023
