Sindh Chief Minister Dr Arbab Ghulam Rahim regretted the impression that he had disrespected the judges, the High Court and had reacted over the proceedings of suo motu reference regarding May 12, 2007 incidents in Karachi in a contemptuous manner.
He stated this in the counteraffidavit filed on Tuesday before seven-member full bench of Sindh High Court, headed by Justice Sarmad Jalal Usmani and comprising Justice Anwar Zaheer Jamali, Justice Mushir Alam, Justice Azizullah M Memon, Justice Khilji Arif Hussain, Justice Maqool Baqar and Justice Ali Sain Dino Metlo.
The court was hearing suo motu reference regarding government's 'failure' to remove siege of High Court and City Courts buildings by mobs on May 12, 2007 in Karachi.
The CM submitted that he had full respect for the dignity and honour of the courts of law. It was his intention throughout that the judicial system should be strong and, in this context, the government not only co-operated with the judiciary but also tried to fulfil all legal requirements.
He neither reacted in a contemptuous manner nor uttered words or phrases in the manner ascribed to him in press reports. The interview referred in press reports was telephonic interview given to BBC, published in newspapers out of context, by distorting facts. He said he left for Umra on May 31, 2007 and returned on June 3 whereafter, on learning of the distorted newspaper reports, issued handout on June 6, 2007.
He submitted that he could never even imagine committing contempt of court. It will be seen that neither he can imagine nor intend to act in a manner which could show slightest disrespect for judges and courts. However, in consequence of distorted facts of his interview, concern was caused to court or in case any impression of disrespect was created, he deeply and sincerely regretted the same.
When the matter was taken up, the bench was informed, Advocate General Sindh and amicus curiae Qazi Faiz Essa were out of the country. Shakil Pervez on behalf of Faiz Essa and Qamar Majid, advocates, appeared for AG Sindh and sought adjournment.
Sindh Chief Secretary Shakil Durrani, Acting IG Sindh Police Niaz Ahmed Siddiqui, CCPO Karachi Azhar Farooqui and TPO Saddar Town Tahir Naved appeared before court. Interior Secretary Kamal Shah was earlier exempted from personal appearance.
Advocate Ashraf Qazi said Home Secretary Ghulam Muhammad Mohatarem was on official visit to India attending conference on Terrorism & Drug Trafficking and asked to exempt his appearance in court only for the day, which was allowed.
Wasim Sajjad, counsel for Sindh Chief Minister, filed the counteraffidavit on contempt of court application filed by Iftikhar Javed Qazi, President of Karachi Bar Association.
He said alleged objectionable interview of Sindh CM was on phone to BBC and was unable to provide context of same. Muneerur Rehamn, General Secretary Sindh High Court Bar Association and counsel for bar representatives rejected the affidavit filed on behalf of Sindh CM and requested the court to call Dr Arbab Rahim in the court for apology.
The court directed both parties to arrange and submit context or voice recording of said interview in the court. It also directed applicant Muneerur Rehman to file rejoinder on CM's affidavit, after which the court would decide whether to call Sindh CM or not.
Ashraf Qazi submitted comments of Chief Secretary, Home Secretary and CCPO Karachi Azhar Ali Farooqui. He sought time to submit comments of Acting IG Sindh Police Niaz Ahmed Siddique, which was granted. Home Secretary objected to suo motu proceeding by SHC on May 12, 2007 incidents and submitted writ proceedings of suo motu reference by SHC was not maintainable as the court could not be judge of its own case.
He stated that he could never imagine to show disrespect to the judiciary by passing such instruction that might hinder right of passage of judges and member of bar to perform duties or committing any act which even had the slightest semblance of disrespect for judiciary.
He stated that on May 12, 2007 on the occasion of Chief Justice Iftikhar Muhammad Chaudhry's Karachi visit, Sindh government held meetings to formulate security plans and issued instruction to law enforcing agencies to ensure security of CJP on all routes besides at Karachi Airport and SHC premises.
Rangers were directed to provide backup support of force and ensure security of high security zone of city. Area around SHC was cordoned off with hard barriers in consultation with bar representatives.
There was no intention to stop judges, lawyers in SHC and there was no malice in security arrangements. The Chief Secretary stated that necessary verbal instructions, advices were issued to law enforcing agencies to maintain law and order on May 12, 2007 in Karachi. He stated that inconvenience caused to SHC judges was deeply regretted and to inquire in matter, Sindh government constituted a committee of senior police officers.
Azhar Farooqui also objected to suo motu writ proceeding by SHC and said it was improper exercise of judicial power. This court could not be judge of its own case. He stated that keeping in view expected clashes between competing rallies of political parties, Karachi Police chalked out detailed security plan with coordination of bar representatives.
Unfortunately, some miscreants managed to reach controlled entry point and accosted bona fide users of SHC, resultantly some advocates and SHC staff faced inconvenience, which was regretted. A case in this regard was lodged at PS Preedy against unknown miscreants and investigation was underway. The Court put Sindh CM counteraffidavit and comments of concerned officers on record and adjourned hearing till August 8, 2007.
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