ISLAMABAD: The Islamabad High Court (IHC) awarded six months imprisonment to Islamabad Deputy Commissioner (DC) Irfan Nawaz Memon and two others in contempt of court case.
A single bench of IHC Justice Babar Sattar, on Friday, announced its reserved verdict in contempt of court case against DC Memon, SSP Islamabad, and SHO for abusing and disregarding high court’s orders declaring detention orders passed under MPO illegal, for obstructing the administration of justice and denying citizens access to justice, and for setting at naught the remedies afforded by the justice system. The court also imposed Rs100,000 fine on each of them.
Justice Sattar also directed the IHC office to send its copy to the prime minister, to investigate whether deputy commissioners across Pakistan who continued to issue detention orders under MPO in breach of the law and Constitution and judicial orders were acting in an organised manner on the basis of illegal orders, and if so, take appropriate remedial action to ensure that the authority of the state to be exercised through chosen representatives of people, continues to be exercised according to the Constitution and the law.
The IHC initiated contempt of court proceedings due to the prolonged detention of PTI leader Shehryar Khan Afridi and Shandana Gulzar under the Maintenance of Public Order (MPO) Ordinance.
In its written order, Justice Sattar stated that as this Court has come to the conclusion that respondents No. 1, 2 and 4 are guilty of contempt of court which has caused substantial detriment to the administration of justice, they are liable to be punished under section 5(1) of the Ordinance. He added that as has been highlighted in the law discussed earlier in this judgment, the purpose of punishment in a matter of criminal contempt is to uphold public interest in fair and unfettered administration of justice.
He mentioned that Respondent No 1 (the DC) issued orders to detain over 5 dozen citizens for almost 1000 days, which orders were found to be illegal, cannot without consequence. He wrote, “In view of the principle of proportionality and the settled principle of fairness that higher the authority the greater his responsibility, this court holds that (i) Respondent No. 1, DC Irfan Nawaz Memon, is guilty of contempt of court and shall be punished with six months simple imprisonment and Rs100,000 in fine, (ii) Respondent No. 2, SSP Malik Jameel Zafar, is guilty of contempt of court and shall be punished with four months simple imprisonment and Rs100,000 in fine, and (iii) Respondent No. 4, SHO Nasir Manzoor, is guilty of contempt of court and shall be punished with two months of simple imprisonment and Rs100,000 in fine. Respondent Nos. 1, 2 and 4 will serve their sentence at Adiala Jail.”
“The respondents have a right to appeal this verdict before a divisional bench of this court within 30 days pursuant to section 19 of the Ordinance.
As the sentence awarded constitutes a short sentence and the convicted respondents being public servants do not pose a flight risk, the sentence awarded shall stay suspended for a period of 30 days to enable the respondents to avail their remedy of appeal.” maintained the IHC bench.
It said that in suspending this sentence this court has also taken account the fact that Respondent Nos. 1, 2 and 4 occupy public offices and their sudden removal there-from could adversely affect public convenience. The suspension of this sentence would enable the government to respond to this verdict without causing inconvenience to the citizens. If the right of appeal is not availed or if the sentence is not suspended in appeal, Respondents No. 1, 2 and 4 will be taken into custody upon expiry of the 30-day period.
It added that the amount payable as fine on part of Respondent Nos. 1, 2 and 4, shall be paid in equal parts to each individual against whom a detention order was passed by Respondent No.1 between May 2023 and September 2023, except the individuals against whom detention orders were passed on the basis of their involvement in sectarian violence.
Copyright Business Recorder, 2024
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