ISLAMABAD: The division bench of the Islamabad High Court (IHC) Wednesday suspended a show-cause notice issued to the Director General (DG) of Immigration and Passport and Director NAB in contempt of court matter.
A single bench of IHC comprising Justice Babar Sattar issued contempt of court notice to the Director General (DG) Immigration and Passports and the Director of National Accountability Bureau (NAB) for failing to comply with judicial orders in a case related to the removal of the former DG of Malir Development Authority from the travel restrictions list.
The DB of IHC comprising Acting Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Asif conducted hearing of an intra-court appeal (ICA) and suspended the contempt notices.
The counsel for the petitioner contended that Justice Babar on 12-03-2025 passed an order in chambers by providing interim relief to respondent No1, which actually a final relief, and the same is not permissible in eye of law.
He relied upon case law titled as “Islamic Republic of Pakistan vs. Zaman Khan, (1997 SCMR 1508), whereby the Supreme Court of Pakistan has held that “generally a Court cannot grant an interlocutory relief to the nature which will amount to allowing the main case without trial/ hearing of the same”.
He contended that the appellant acted on the request of respondent No6/ NAB for placing the name of respondent No1 on ECL, PCL and PNIL but he did not pick and choose the name of respondent No1; therefore, the observations and issuance of contempt notice under Section 17(1) of the Contempt of Court Ordinance, 2003 to appellant is illegal, unwarranted and against the facts and circumstances of the case.
After hearing the arguments, the IHC DB observed that points raised need consideration and issued notice to the respondents. It also directed that let report and para-wise comments be requisitioned from respondents so as to reach this Court before next date of hearing.
It said that office to club the record of writ petition No626 of 2025 as well as Crl.Org.No.54-w of 2025 along with the instant appeal and a copy of this petition be handed over to the learned law officer who shall establish contact with the concerned quarter and also assist this Court on next date of hearing.
The court suspended the order of single judge till the final outcome of the instant ICA.
Copyright Business Recorder, 2025
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