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LAHORE, Feb 19: A division bench of the Lahore High Court has admitted two appeals against the order of Justice Khwaja Mohammad Sharif in a contempt case against two high officials but it is not known who will defend the impugned judgment when the hearing commences on March 5.
Under the rules, the principal law officer of the province concerned should prosecute contempt cases in a high court when the court itself takes notice of an offence under the Contempt of Court Act, 1976. But the impugned judgment takes Advocate-General Maqbool Malik to task for acting as defence counsel for the accused instead of assisting the court in the administration of justice.
So long as the strictures constitute part of the judgment, the AG could not possibly defend it, partly because that would be self-incriminatory. A law officer acting under his instructions would be equally handicapped.
No law officer was present on Monday or Tuesday when the appeals were admitted by the bench. However, Advocate Shan Gul, who assists the AG without being a law officer, accepted notice on behalf of the state on Monday.
In fact, the AG had not been able to properly attend to his work since the impugned judgment was announced on Feb 11. It was followed by verbal condemnation of the performance of the AG’s office by Chief Justice Falak Sher while admitting a writ petition against the constitution of new anti-terrorist courts on Feb 12. The AG went to Islamabad on Feb 12 and fell sick on his return on Feb 16. He was still indisposed on Tuesday evening.
Additional Advocate-General Nasim Sabir Chaudhry is looking after the AG’s office work in the absence of Mr Malik.
The state is the prosecuting party in contempt proceedings initiated by the court as the trial judge or bench can neither prosecute nor defend an impugned judgment nor appoint defence counsel. The appellate bench may refer the matter to the chief justice if the matter remains unresolved.
RESOLUTION: Assistant Advocate-General Salma Malik moved a resolution against Justice Khwaja Mohammad Sharif of the Lahore High Court for consideration of the LHC Bar Association on Tuesday.
She said the move had been signed by 50 other high court advocates and submitted to the LHCBA office. It seeks a reference against the judge for not allowing her to argue a case despite repeated requests.
According to newly-elected LHCBA Secretary, Shahid Mahmood Bhatti, the requisition was not received by him by Tuesday evening.
According to court sources, the allegations contained in the resolution were false and unwarranted.
