Judges take exception to ‘procedural anomaly’ in contempt case

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ISLAMABAD: Justice Inaam Ameen Minhas of the Islamabad High Court (IHC) expressed concern on Thursday over placing contempt of court petitions by leaders of the Pakistan Tehreek-i-Insaf (PTI) before a single bench, despite the case originating from a larger bench order dated March 23.

The petitions, filed by PTI leaders including Opposition Leader in the National Assembly Omar Ayub, Senator Shibli Faraz and Aleema Khan, allege that the jail authorities at Adiala Jail have repeatedly defied court orders by not permitting meetings with former prime minister Imran Khan.

During the hearing, lawyers Salman Akram Raja, Mohammad Ali Bukhari, Shoaib Shaheen, Niazullah Khan Niazi, Khalid Yousuf Chaudhry, Babar Awan and Sardar Latif Khosa appeared alongside the petitioners.

Advocate Shoaib Shaheen read out the March 23 order issued by a larger bench of the IHC, which includes Acting Chief Justice Sarfaraz Dogar, Justice Arbab Muhammad Tahir and Justice Muhammad Asif.

Justice Minhas asks how a single bench can review decision of larger bench

Justice Minhas questioned whether a single bench could preside over a matter that stemmed from a larger bench’s directive.

“I will seek a report from the Registrar’s Office to determine how this case was assigned to me,” he stated, signalling procedural irregularities.

Advocate Salman Akram Raja argued that a single bench could hear the matter under certain circumstances, especially given the urgency and violation of basic rights. “Our representatives are turned away at gunpoint. We submit names via WhatsApp and follow every protocol,” he said.

Imran Khan’s sister Aleema Khan told the court that Imran Khan had been denied visitation rights for five weeks. “This is not just contempt of court. It’s the humiliation of the judiciary. We are left wandering around Adiala Jail with court orders in hand.”

Senator Shibli Faraz also expressed frustration, stating, “We are mocked when we go to meet the former prime minister as per court orders. Even a constable tells us he answers to a colonel, not the court.”

Opposition Leader Omar Ayub underscored the gravity of the matter, warning, “This is now a national security issue. A man whose voice still resonates across the country is being silenced unlawfully. Even Kulbhushan Jadhav was granted visitation—why not Imran Khan?”

In response to repeated pleas from the petitioners’ legal team to refer the matter to the larger bench immediately, Justice Minhas assured them, “I will order it. Let me call for the report first.” Following this, the judge left for his chamber, pausing the proceedings.

The court later confirmed that the case had indeed been misassigned, and Justice Minhas said he would formally recommend the case be sent to the appropriate larger bench.

Outside the court, Omar Ayub addressed the media, sharply criticising the government.

He accused the ruling coalition of pushing the country into economic turmoil and compromising national security. “They sent $8.5 million worth of artillery shells to Ukraine while doing business with India.

Only Imran Khan can stand up to such threats. History shows Nawaz Sharif lacked the will when it was needed most,” he added.

Published in Dawn, April 25th, 2025

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