LAHORE, Feb 26: Justice M Javed Buttar of the Lahore High Court on Wednesday refused to take up a contempt petition filed by the Khwaja family against provincial home secretary, who did not appear in the court despite its orders.

“The respondent is reluctant to appear in the court because he is related to me. Therefore, I am referring the matter to the chief justice to place it before any other judge” Justice Buttar said.

The additional home secretary appeared on behalf of the respondent in the court, which had issued him show-cause notice on the last hearing after expressing dissatisfaction over his reply to the petition.

Dr Khizar Ali, Dr Umar Karar and Muhammad Usman had accused the home secretary of having committed gross contempt of court by not complying with its orders regarding their release from detention imposed under the Security of Pakistan Act, 1952. The jail authorities had also been arraigned as respondent in this petition.

The court also observed that since the respondent was to be tried in personal capacity in the contempt proceedings in which he could be convicted if found guilty, it would be unfair on part of the court to take up the matter further. It directed that the petition be fixed for today (Thursday) before any other bench.

The LHC office, however, told Dawn on Wednesday evening that no instructions had been received from the chief justice so far regarding the further hearing of the petition by another judge. “It could take two to three days for fixing the matter before the court” claimed an official.

Before referring the matter, the court observed that two legal proposition were to be considered in this petition — whether the petition was still alive after the detention order of the three petitioners had been passed afresh and whether the respondent could be tried on contempt charges for having passed detention orders afresh immediately after the court ordered their release.

Punjab Advocate General Syed Shabbar Raza Rizvi argued in the court that the fresh detention orders had been served on them on February 17, the date on which their detention under Security of Pakistan Act 1952 was waived. He tendered documents before the court, showing the acknowledgement from the petitioners regarding the service of fresh detention orders on February 17.

Another petition filed by the family challenging their sudden shifting to Chuhng sub-jail from Kotlakhpat jail and the refusal of jail authorities to grant permission to the members of their family for holding exclusive meetings with them was adjourned for a week.

The AG was directed to update the court on the next hearing as under what law could the jail authorities refuse to allow exclusive meetings of the family with the detainees and what was the legal status of prisoner being interrogated at Chuhng jail following his shifting from the Central Jail.

The court also sought legal assistance on the allegation that no jail official had been deputed at the Chuhng sub-jail, which was being run by police authorities.

The court observed that if Chuhng sub-jail was still being managed by police under the control of the Lahore district jail superintendent, it could not be considered a jail, but an investigation cell.

The AG produced the notification of the provincial government, saying Chuhng investigation centre had been declared a sub-jail by the provincial government with effect from October 25, 1991. “But still, you being the principal law officer of the province, are responsible to upkeep the places declared as sub-jails to stop any administrative irregularity” the court said.

Deputy Attorney General Sher Zaman Khan argued that according to a judgement of the superior court, the jail authorities could refuse to allow exclusive meetings with the prisoners detained in preventive detention matters. He was directed to file that judgement in the court on the next hearing.

ADJOURNED: A division bench adjourned the proceedings for one day of a petition, challenging the orders of the provincial home department for holding the trial of Dr Ahmad Javed Khwaja and Ahmad Naveed Khwaja in jail.