KARACHI, Jan 13: Counsel for Dr A. Q. Khan in the ongoing legal battle over the Institute of Behavioral Sciences filed an application in the Sindh High Court on Monday for directing Dr Haroon Ahmed to disclose the identities of those who had accompanied him on Jan 10 to the IBS, so that legal remedy against them could be initiated.
The application under section 151 of CPC was moved seeking directions against the contemnor to disclose the complete names and addresses of persons who accompanied him to the IBS on Jan 10, so that legal remedies, including action (s) for contempt of court, could also be initiated against them.
The application would come up before the SHC on Tuesday together with Dr Haroon Ahmad’s contempt application filed earlier against Dr A. Q. Khan and others.
In the affidavit in support of the application for contempt in suit No 1259 of 2002, the counsel for Dr A. Q. Khan has maintained that on the morning of Jan 10, the contemnor, Dr Haroon Ahmed, allegedly raided the IBS along with some of his “cohorts” and made an attempt to forcibly enter the premises.
Dr Haroon, he submitted, also informed the SHO Sachal police station and the SSP East, Sanaullah Abbasi, that the High Court had authorized him to take possession of the IBS and showed an order passed by the SHC dated Dec 19 in suit No 232 of 2002.
Dr Khan’s counsel claimed that the said contemnor suppressed the order of status quo dated Dec 20, passed in suit No 1259 of 2002.
It was his contention that in the latter suit the contemnor had admitted that he had been dispossessed by the defendants Nos 1 to 9. In fact in that case he had filed CMA 8568/2002 for restoration of possession.
Without prejudice, the defendants 1 to 9 maintained that all along the defendant No 1, along with the principal donors of the IBS, had been in possession of the IBS and that the contemnor had been terminated for violating the fundamentals of the IBS.
The counsel for Dr Khan maintained that there was nothing in any court order which authorized the contemnor to take over the possession. Even the order dated 19. 12. 2002 in suit No 1232 of 2002 did not authorize the contemnor in this regard to forcibly or otherwise take over the possession of the IBS.
The contemnor himself secured publication of the news item dated Jan 11 from which the facts as above stood proved, wherein he also gave a statement that the IBS was a project of the plaintiff, which being a matter directly subjudice in this case amounted to a comment on the pending litigation, hence contempt of court.
Apart from suppressing and misquoting the court order the contemnor had taken the law in his own hands, the counsel for Dr A. Q. Khan maintained, saying that a complaint had been lodged to this effect by the IBS administration against the contemnor dated 10. 1. 2003.
It was also submitted that the contemnor staged a stunt by showing that he was examining patients outside the gate of the IBS; however, he himself had brought the so-called patients to the IBS gate. The truth of the matter was that due to the alleged illegal act of the contemnor, genuine patients were disturbed in getting treatment, the counsel for Dr Khan claimed. He maintained that the number of patients at the IBS had increased manifold after the exit of the contemnor, as now completely free treatment was being offered.
The counsel also mentioned that earlier the contemnor had secured publication of an advertisement dated 24-12-2002 in which he was responsible to have made a statement that the IBS was a project of the plaintiff.





























