ISLAMABAD: A division bench of the Islamabad High Court (IHC) has quashed the contempt of court convictions of the deputy commissioner Islamabad and senior police officers for issuing multiple maintenance of public order (MPO) detention orders, holding that there was no legally sustainable charge of contempt on the basis of which the sentences could be upheld.

The bench, comprising Chief Justice Sardar Mohammad Sarfraz Dogar and Justice Mohammad Azam Khan, set aside the single-bench decision of Justice Babar Sattar, observing that the convictions were recorded without framing a clear and lawful charge under the Contempt of Court Ordinance. The court accepted the appeals and quashed all sentences awarded to the officers.

During the hearing, counsel for the district magistrate argued that there was no court order in the case that had remained unimplemented. He submitted that Pakistan Tehreek-i-Insaf (PTI) leader Shehryar Afridi had initially been detained under three MPOs, which were later declared null and void by the IHC, but there was no specific judicial direction prohibiting the authorities from issuing fresh detention orders under the MPO.

The lawyer further contended that the three MPOs were issued on the recommendation of the District Intelligence Committee and that failure by the district magistrate to act on the committee’s assessment, in the event of a deterioration in the law and order situation, could also have exposed him to responsibility.

Deputy commissioner, police officers had issued multiple maintenance of public order detention orders

Chief Justice Dogar remarked that the court was unable to comprehend the original charge of contempt on the basis of which the officers had been sentenced. He observed that when a charge lacking legal foundation is framed, the resulting conviction cannot be sustained.

The chief justice also noted that there was no instance on record where any detainee had not been released following a court order.

Responding to a query from the bench, the officers’ counsel confirmed that apologies had been submitted before the court, stating that the officers had expressed regret if any mistake had occurred.

In its written judgement, the division bench held that the single-bench decision had been rendered in disregard of the relevant provisions of the Contempt of Court Ordinance and, therefore, could not be upheld.

Earlieran IHC single-member bench comprising Justice Babar Sattar had convicted Deputy Commissioner Irfan Nawaz Memon, Senior Superintendent of Police (SSP) Malik Jameel Zafar and SHO Margalla police station Nasir Manzoor for contempt of court and sentenced them to six, four and two months’ imprisonment, respectively, along with a fine of Rs100,000 each.

The court had directed that the officials serve their sentences at Adiala Jail.

Justice Sattar had convicted the officials for repeatedly issuing and executing successive detention orders against PTI leader Shehryar Afridi. The court observed that between May 9, 2023 and November 2, 2023, DC Irfan Memon had issued around 69 detention orders under Section 3 of the Maintenance of Public Order Ordinance.

The judge noted that the cumulative period of detention ordered by him exceeded 1,000 days and that over two dozen petitions challenging these orders were filed before the IHC and heard by seven of its eight judges.

Except for two cases involving concerns of sectarian violence, none of the detention orders relating to political workers survived judicial scrutiny.

Justice Sattar held that the manner in which the district magistrate exercised his authority was “colorable” and “completely devoid of any rational basis” aimed at achieving the objectives of the MPO.

He further observed that the conduct of the deputy commissioner constituted a fraud on the statute and the Constitution and amounted to malice in law. The court found the impugned detention orders to be ultra vires the Constitution, passed in breach of the MPO and without lawful jurisdiction.

According to the charge sheet, DC Memon had ordered the detention of Shehryar Afridi on August 8, 2023, alleging that he was inciting the public through his statements and planning attacks on courts and public buildings.

The court observed that instead of investigating the petitioner in criminal cases, the police sought his preventive detention, terming the exercise of power by the police arbitrary and the actions of the district magistrate mechanical and without application of judicious mind.

Justice Sattar concluded that the officials had attempted to obstruct the process of the court and disobeyed its orders. While suspending the sentences, however, the court allowed the officials to continue in office temporarily and asked the government to find their replacements, noting that their sudden removal could adversely affect public convenience.

The division bench has now set aside that verdict in its entirety.

Published in Dawn, December 18th, 2025