Suo motu action: SC takes notice of arrest warrants against LHC judge

Ombudsperson Yasmin Abbasi had tendered apology for ‘contemptuous’ conduct

LAHORE: Last week, Chief Justice Anwar Zaheer Jamali summoned the Federal Ombudsperson for Protection against Harassment of Women at Workplace to appear before the apex court on May 17.

Ombudsperson Yasmin Abbasi had issued arrest warrants for the Lahore High Court (LHC) senior puisne judge.

The SC took suo motu notice and suspended the arrest warrants. The court also asked the attorney general of Pakistan to appear for legal assistance.

On May 9, Abbasi had tendered an unconditional apology to Justice Mansoor Ali Shah for her ‘contemptuous’ conduct.

Justice Shah had discharged the contempt of court proceedings against Abbasi after she appeared in the judge’s chamber along with the attorney general of Pakistan and Islamabad police inspector general and tendered an unconditional apology.

On the following day, the ombudsperson issued the arrest warrants for the judge. “The high court judge had acted in utter violation of Supreme Court’s order that enjoined the avoidance of an unpleasant situation. Resultantly the contempt notice issued on May 10, 2016 to Justice Syed Mansoor Ali Shah for his appearance needs compliance as per law.

Let the bailable warrant of arrest be issued against Syed Mansoor Ali Shah, judge of Lahore High Court, for his appearance before office of Federal Ombudsman for Protection against Harassment of Women at Workplace on May 13, 2016 with a direction to the Inspector General of Police, Punjab, to ensure Syed Mansoor Ali Shah’s appearance before the Office of Ombudsman,” the order reads.

In her order, the ombudsperson also said that during the in-camera proceedings before the LHC judge, the dignity of the office of the federal ombudsman had been greatly compromised and her institution was undermined in a manner hitherto unknown in the judicial history of the country.

Abbasi said that she had not tendered any unconditional apology, but was made to sign a statement prepared by the attorney general in an atmosphere of “extreme duress”.

Justice Shah had initiated contempt proceedings against the ombudsperson and, issued her arrest warrants after she refused to appear before the court despite repeated issuance of orders.

Abbasi had served as a judge of the Sindh High Court as well as the federal law secretary during the Pakistan People’s Party’s tenure.

Yasmin Abbasi had to quit as SHC judge after the July 31, 2009, SC judgment which had declared the November 3, 2007, emergency illegal and unconstitutional and declared illegal appointment of judges made by the ‘chief justice’ who had taken oath under the Provisional Constitutional Order.

On November 27, 2013, Yasmin Abbasi had filed a reference with President Mamnoon Hussain. Yasmin Abbasi had requested him to invoke the jurisdiction of the Supreme Judicial Council and try former Supreme Court chief justice Iftikhar Muhammad Chaudhry and six other judges who had issued the November 3, 2007 order.

Published in The Express Tribune, May 16^th, 2016.