Judges can't be intimidated, says IHC CJ

ISLAMABAD: The Islamabad High Court has observed that judges could not be threatened and let the government move with its plan. It ordered the police to take action in accordance with the law on pleas to quash the Prevention of Electronic Crimes Act and terrorism cases against journalist Mohsin Baig.

The court also ordered the police IG to probe alleged torture of Mohsin Baig at the police station and present a report on February 21. The court also ordered the district magistrate to inspect the Margalla police station and sought an inquiry report on the allegations of violence. Chief Justice Athar Minallah said torture in police stations was unacceptable and there could be consequences for officers responsible for it. He observed that action could not be taken on requests for dismissal of cases by the accused’s wife or a third party. “Only the accused himself can make the request,” he remarked. The court also issued a notice to the Islamabad advocate general.

On Friday, Islamabad High Court Chief Justice Athar Minallah heard the petitions of the wife of journalist Mohsin Baig. Her lawyer Latif Khosa alleged Mohsin Baig was subjected to torture in police custody. The Chief Justice said it was not a habeas corpus writ and the accused himself could file a petition to quash cases against him. “No third person can file such a petition. You can change your petition,” he observed. The Chief Justice inquired whether the accused did not want to file a petition to quash the cases.

Latif Khosa also made a miscellaneous request for a medical examination of the accused. He said Additional Sessions Judge was threatened with a reference after his order in the case. “Action has been taken against the subordinate judge of this court. It is very unfortunate that the Prime Minister has joined the case,” he added.

The Chief Justice said a judge could not be intimidated and no one could file a petition to drop cases except the accused. He observed that torture and blocking lawyer access to the accused was a serious issue and access of lawyer to Mohsin Baig should not be blocked. The court adjourned the case until February 21.

Meanwhile, Attorney General Khalid Javed Khan said that Prime Minister Imran Khan had not ordered filing a reference against Sessions Judge Zafar Iqbal. He said that no decision had been taken and Prime Minister Imran Khan had nothing to do with the issue. He said it was the right of the prosecution to appeal against the decision but references could not be filed against judges on court decisions. He said the Islamabad advocate general might have some misunderstanding.

Earlier, Islamabad Advocate General (AG) Niazullah Niazi while briefing Prime Minister Imran Khan on the case said that the Additional Sessions Judge had issued the order in a hurry and legal requirements were not fulfilled. He said some elements were wrongly portraying the issue to oppose the PTI. “No one is above the law. Mohsin Baig injured an FIA official. He also fired at police and FIA personnel and threatened them,” he added.

Prime Minister Imran Khan said that the law is equal for all, adding that the opposition had no agenda to criticise the government. He said that constructive criticism was beneficial for the (PTI) government but the opposition was criticising the government without any agenda.