The Islamabad High Court (IHC) on Friday issued a notice to Islamabad Inspector General (IG) Dr Akbar Nasir Khan on contempt petitions filed by Pakistan Tehreek-e-Insaf (PTI) leaders Shireen Mazari, Maleeka Bokhari, and Ali Mohammad Khan following their re-arrests despite the court's express order barring authorities from detaining them.
The court instructed the Islamabad IG to submit a response on the matter by Monday (May 22) and expressed displeasure with the government for trying to supersede the court's writ.
The notice was issued during the hearing of pleas against the re-arrest of Shireen Mazari, Maleeka Bokhari, and Ali Mohammad Khan on Wednesday night.
Earlier that day, the IHC had barred authorities from arresting Mazari and Senator Falak Naz.
During Mazari's hearing, Justice Miangul Hassan Aurangzeb expressed concern over the cases being registered and came down hard on the government for trying to “defeat the court’s writ”.
“We say this is a civilised country but what is happening with court orders does not prove we are civilised,” said Justice Aurangzeb.
Justice Aurangzeb commented that a campaign was being launched against constitutional courts.
“These courts are sitting to deliver justice according to law,” he said.
He then said: “Those who are running the campaign were taking relief from the courts in the same way earlier.”
He further added that, unlike politicians, the judges can't do talk shows and defend themselves on media.
He then turned to Attorney General for Pakistan Mansoor Usman Awan and instructed him to bring the matter of the police's disregard of the court order before the country's highest authorities.
“Our power lies with you, the attorney general. Place the matter before the highest authority,” he said.
Justice Aurangzeb added: “The writ of the court is the dignity of this country, and no one is justifying the violent incidents.
In response, the attorney general said: "This country has to run by the Constitution. The courts and all constitutional bodies have to work within the [framework of the] constitution."
The judge then commented: "This time will pass but its effects will remain on the country."
During the comments, Justice Aurangzeb was moved and noted: "We are here only for service."
In response, the lawyers on the rostrum reiterated their commitment to the courts and said: "We are with the court."
Then the judge remarked: “The Punjab Police cannot arrest anyone directly from Islamabad. In hindsight, the Islamabad Police cannot separate itself from it," the judge remarked.
He then issued a notice to the Islamabad IG, ordering that a response be submitted by Monday.
Following the court's decision, the attorney general said that Mazari should not have been arrested after the court's order.
In the second hearing, the IHC heard petitions from Bokhari and Khan who contended that their re-arrest was a contempt of court.
The petition was also heard by Justice Aurangzeb.
During the hearing, the petitioners' lawyer said that the court had annulled the arrest order of Khan and Bokhari under 3 MPO; however, despite the court orders, both of them are in Adiala jail.
The government's lawyer, on the other hand, contended that the court's order was implemented.
After their release, Khan and Bokhari were arrested again in other cases, he said.
The petitioner's lawyer said: "We have seen a video clip in which Ali Muhammad Khan is being put in a car by police officials as soon as he comes out of Adiala Jail."
The court then issued a notice to the Islamabad IG, asking for a response, while the attorney general was directed to assist in the matter.
The court then adjourned the hearing till May 23 (Tuesday).
Following the court proceedings, the attorney general while talking to media personnel outside the IHC said: “No one can defeat the court’s writ.”
A reporter then commented: “Despite the court's order, arrests still took place.”
The attorney general responded that according to his information, the Punjab government passed the orders of arrest under the Maintenance of the Public Order (MPO) law.
“It is a provincial matter; I am looking at how it was executed from the jurisdiction of the federal capital.”
He then said the order of the new arrests was given by the Punjab government and that the court could see the legal aspect of the order passed by the provincial government.
“If the province orders detention, Islamabad police is bound to hand them over,” he remarked, adding that according to the law, the Punjab police can arrest anyone from Islamabad.
He then said: “The matter of arrests is in the court, so I cannot talk more.”
The attorney general further said that the matter of MPO is in the Lahore High Court.
“Whether they are legal or not is for the court to decide.”
Speaking on the matter of negotiations between the government and PTI, the attorney general said that a lot of efforts were put in by the former to hold the negotiations.
“In April, PTI was brought to the negotiation table after a lot of efforts; however, it is unfortunate that the negotiations were interrupted by the PTI.”
He said that the government had asked the Supreme Court on May 2 to continue the negotiations, and had conceded on a number of demands put forward by the PTI.
The IHC in another hearing sought the details of the cases filed against PTI leader Asad Umar — who was arrested outside the IHC on May 10 by "anti-terrorist squad" — by Monday.
Justice Aurangzeb heard the PTI secretary general's petition against arrest under 3MPO, seeking details of cases filed against him.
During the proceedings, Advocate Babar Awan appeared in the court on behalf of the petitioner and took the stand.
He argued that the details of how many cases have been registered against Asad should be provided, and said that the court should schedule the cases for hearing on Monday.
Justice Miangul, responded with a joke and asked: “Do you want to enjoy your weekend here?”
The court then accepted the plea and issued notices to the parties involved, adjourning the hearing till Monday.
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