Judge opts out of contempt proceedings against top cops

Justice Mohammad Karim Khan Agha excuses himself due to

his personal relationship with the petitioner, Zulfiqar Mirza

Karachi

The contempt of court proceedings in the case of a siege of the Sindh High Court against Inspector General of Sindh Police Ghulam Hyder Jamali, former additional IG Karachi Ghulam Qadir Thebo and 11 other senior police officers have been adjourned till February 17 after one member on the bench excused himself from the case on account of his personal relationship with former provincial home minister and a dissident leader of the Pakistan People’s Party, Zulfiqar Mirza, who is a petitioner in the contempt case.

IGP Jamali, former additional IG Ghulam Qadir Thebo and eight other police officers had been indicted for obstructing the smooth functioning of court proceedings, forced blockade in and around the court premises, besides diminishing the dignity and sanctity of the court.

One police officer, SP Liaquatabad Tahir Ahmed, could not be indicted due to his absence from the court.

The court had taken notice of the absence of IGP Jamali when the matter had been taken up but he had later made an appearance at the hearing. The court warned the officers facing contempt proceedings to not take the contempt proceedings against them casually otherwise the court would feel compelled to pass adverse orders for ensuring their presence at the hearing.

Two alleged contemnors, SSP South Captain (retd) Asad and SP Saddar Raees Abdul Ghani, did not appear in court on Tuesday and sought exemption from the proceedings due to personal bereavement and their absence was condoned by the court.

The counsel of SP Liquatabad Tahir Ahmed, however, took over the responsibility of miscommunication to his client about the time of case proceedings. The court excused his absence too but with caution to be careful in the future.

The SHC division bench headed by Justice Munib Akhtar observed that all alleged contemnors were senior police officers and cautioned that since the charges had been framed against them, they must be present in court when the matter was heard and they should arrange their duties and official affairs accordingly. The court observed that the absence of alleged contemnors, when the matter will be taken up in future, will not be excused.

The court fixed February 17 as the date for next hearing after specifically asking all alleged contemnors about their availability so nothing in their official duties could prevent them from prompt and early attendance.

The court also directed the court office to not fix the matter before a bench that included Justice Mohammad Karim Khan Agha, who excused himself on account of his personal relationship with the petitioner of the case that resulted into contempt proceedings against Sindh IGP and other police officers.

It is also pertinent to mention that Sindh IGP Ghulam Haider Jamali, former Additional IG Karachi Ghulam Qadir Thebo, DIG West Feroz Shah and Additional IG Special Branch Faisal Bashir Memon had earlier expressed no confidence on the division bench of the Sindh High Court that had indicted them under contempt of court charges.

The court had directed the office not to fix the matter before a bench in which judges of the bench were in relation with party of the matter and had referred the case to the SHC chief hustice for passing an appropriate order.

The court on December 21 had observed that all of the alleged contemnors be tried on the charges of contempt of the court, punishable under Article 204 of the constitution read with sections 3 and 5 of the Contempt of Court Ordinance, 2003.

Sindh IGP Jamali, former additional IG Karachi Ghulam Qadir Thebo, DIG West Feroz Shah, Additional IG Special Branch Faisal Bashir Memon, DIG South Dr Jamil Ahmed, SSP South Captain (retd) Mohammad Asad, SP Sadar Zeeshan Siddiqui, SSP City District Fida Hussain Janwari, SP Saddar Raees Abdul Ghani and Major (retd) Saleem of Special Security Unit had denied the charges levelled against them and had pleaded “not guilty”.

They were charged after rejection of their unconditional apologies in contempt proceedings with regards to the siege of the Sindh High Court and a police operation outside its premises to arrest former home minister Dr Zulfiqar Mirza and his supporters, besides manhandling of journalists on May 23.

The court had held that regrets, remorse and repentance shown by the alleged contemnors did not appear to be sincere, bonafide and honest, and had rejected their apologies.

The court also took notice of the police operation outside the Sindh High Court and observed that the act on part of the police surrounding the court premises, as well the Anti-Terrorism Court situated adjacent to the high court building, not only appeared to be an attempt to obstruct the course of justice but also that of lowering the process and dignity of this court.

Hence, the police officers including Sindh IGP, Additional IG Karachi, DIG South, SSP South and SSP of the Special Security Unit were issued show-cause notices as to why contempt proceedings for obstructing the course of justice and lowering the respect, dignity and process of the court should not be initiated against them.

The court observed that alleged contemnors had withheld material facts from the court and despite granting repeated chances could not furnish satisfactory explanation for the repeated action of May 23, notwithstanding the fact that on the earlier instance of May 19 no action had been initiated against them even though they had not responded to the calls of the court appearing that they “just wanted to please the people in power by not only disrespecting the process of the court but the dignity of the court as an institution”.