ISLAMABAD: The Islamabad High Court (IHC) has declared that non- compliance with its order in Pakistan Tehreek-e-Insaf leader Azhar Mashwani’s two brothers’ enforced disappearance case is prima facie contempt of court.
The court directed the secretaries of the ministries of interior and defence, the inspector general of police, Islamabad, and the director general of the Federal Investigation Agency to appear in person before the court on August 15 and explain why proceedings for contempt of court should not be initiated against them for disobeying the court orders.
Justice Miangul Hassan Aurangzeb of the IHC issued a two-page written order in the case of a petition for the recovery of the two missing brothers of PTI leader Azhar Mashwani.
The court observed that the respondents – the state lawyer, the defence ministry’s representative and police -- said the whereabouts of the detainees were not known.
The IHC observed that there was a clear and unequivocal direction given by the court on August 9 to the respondents to produce the detainees before the court. It further said that neither has the order been complied with nor has any document been brought on record to show that any effort has been made by the respondents to locate the whereabouts of the detainees.
The court observed that this was prima facie contumacious defiance of the direction issued by it on August 9 warranting proceedings for contempt of court to be initiated against the respondents.
The court directed the attorney-general for Pakistan to attend the court on the next date of the hearing.
Earlier, a hearing was held before Justice Miangul Hassan Aurangzeb on the request of Azhar Mashwani’s father for the recovery of his two missing brothers, in which the lawyers of Prof Mazhar Al Hasan and Prof Zahoor Al Hasan’s father appeared in the court.
The assistant attorney general told the court that the report of Ministry of Defence and the Ministry of Home Affairs has already been filed. It was stated in the report of the security agencies that nothing is known about the two brothers.
The court took exception to the conduct of the respondents and summoned the secretaries of defence and interior, Islamabad’s IG and the FIA DIG in person.
Justice Aurangzeb remarked that the court will now initiate proceedings against all the relevant parties who shall explain why contempt of court proceedings should not be initiated against them. The court adjourned the hearing of the case till August 15.
