IG eludes indictment once again

Court asks AG to file comments by Dec 22

KARACHI: The province's top cop was once again saved from being charged for contempt of court after the Sindh High Court (SHC) on Tuesday sought comments from the provincial advocate general on IG Ghulam Haider Jamali's application seeking an opportunity to be heard in court.

A division bench comprising Justice Ahmed Ali Sheikh and Justice Muhammad Farooq Shah issued notice to Advocate General (AG) Abdul Fateh Malik for December 22 to file comments, explaining whether the police chief deserves an opportunity to be heard or may be indicted.



The bench was hearing a contempt of court application filed by former home minister Dr Zulfiqar Mirza against 13 police officers, including the former Karachi police chief, two DIGs and Special Security Unit SSP, for torturing his guards and media personnel during a siege of the SHC building to arrest him despite court orders to the contrary. On Tuesday, the bench was set to frame charges against IG Jamali, former AIG Ghulam Qadir Thebo and other senior police officials.

All eyes and ears 

At the outset of the proceedings, all the alleged contemnors appeared in court, which was packed with lawyers and journalists awaiting the possible indictment.

Justice Sheikh, the bench's senior member, asked the police officers to appear on the benches, suggesting their indictment.

Interestingly, the witness box in the colonial-era courtroom can only accommodate one accused at a time.

"There is no IG or DIG at this time," Justice Sheikh remarked when a lawyer called the officers facing contempt charges by their ranks.

Then the judges called the law officers representing the federal and provincial governments.



They inquired from assistant provincial AG Mustafa Mahesar, who represented the Sindh government, what material they had with them on the basis of which the IG and other officers could be prosecuted.

"Are you fully aware of your role?" Mahesar was asked, reminding him that the AG's office would act as the prosecutor in the contempt proceedings.

"Yes my lord," the law officer replied, and added that AG Abdul Fateh Malik will represent the Sindh government in the matter.

He further informed that Malik was on a three-day sick leave, and assured his presence at the next hearing.

Case continues

Meanwhile, fresh affidavits were filed — for the third time — on behalf of IG Jamali and former AIG Thebo in the case.

The two officers said in their affidavits they had not been given an opportunity of hearing in proceedings initiated against them under contempt of court charges.

They argued that the proceedings are of a serious nature and framing contempt charges without affording them an opportunity would be against the principles of natural justice.

Both officers requested the court to defer their indictment and give them an opportunity of hearing so they could explain their position.

The bench then deferred their indictment till December 22, and issued a notice to the Sindh AG to file comments explaining whether IG Jamali and Thebo deserve an opportunity to be heard or contempt charges may be framed against them.

Published in The Express Tribune, December 16^th,  2015.