Contempt petition against govt

Published February 20, 2003

LAHORE, Feb 19: A contempt petition was filed in the Lahore High Court on Wednesday against the failure of the jail authorities and provincial home department to release three of the Khwajas despite court orders.

The provincial home secretary, the Lahore DCO, the Punjab IG for prisons, the superintendent of Lahore District Jail and the in-charge Chuhng sub-jail have been arraigned as respondents in the petition.

The court was asked to summon the respondents and penalise them for disregarding its orders for the release of Dr Umar Karar, Dr Khizar Ali and Mohammad Usman.

Advocate Hamid Khan, the counsel for petitioners, further submitted that the court should direct the respondents to release the three Khwajas in exercise of its powers under Article 199 of the Constitution.

It was alleged in the petition that on Feb 17, a bailiff of the Lahore High Court, Advocate Pervez Inayat Malik Advocate and Ahmad Nadeem Khwaja went to the District Jail Lahore in pursuance of the release orders. Allegedly, the superintendent of the jail kept them waiting for half an hour before forwarding the order to the Chuhng sub-jail, where the Khwajas were detained.

According to the petitioners, the visitors were informed on behalf of the assistant superintendent at the Chuhng sub-jail that the three Khwajas could not be released since their detention orders had been issued under 16-MPO. The official refused to provide a copy of the orders, saying that he had not been instructed to do so.

“I am not bound to entertain your request. It is a matter between jail authorities and the court,” the official was quoted as having conveyed to the visiting party.

Pervez Inayat Malik told Dawn on Wednesday that the petition had been allotted a number by the LHC office but not referred to the court. He quoted the officials as saying that for some unknown reason, the petition had been excluded from the cause list when it was sent to the high-ups for final approval. “I would meet the chief justice on Thursday, if necessary, since it is an urgent matter and should have been taken up without delay,” claimed the counsel.— Reporter

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