An SHC division bench, comprising Justices Ahmed Ali Sheikh and Farooq Shah, framed the charges against Sindh IGP Ghulam Haider Jamali and the other alleged contemnors.
The other police officials are: Sindh AIG Ghulam Qadir Thebo, DIG West Feroz Shah, AIG Logistics Faisal Bashir Memon, DIGP South Dr Jameel Ahmed, SSP South Muhammad Asad, SP Saddar Zeeshan Siddiqui, SSP City Fida Hussain Janwari, former SP Raees Abdul Ghani and Special Security Unit’s Major (retd) Saleem.
All the respondents have pleaded not guilty and decided to stand trial. The bench will resume the hearing today (Wednesday).
Taking exception to the absence of SP Liaquatabad Tahir Ahmed, who has reportedly gone for Umrah without informing the court, the judges ordered the IGP to ensure the police officer’s presence on Wednesday.
The charges
At the outset of Tuesday’s proceedings, Justice Farooq read out the charges against the police officers.
On May 19, Pakistan Peoples Party’s estranged leader Dr Zulfiqar Mirza had come to the anti-terrorism court adjacent to the high court building for obtaining pre-arrest bail.
The entire court complex was surrounded by policemen despite the former provincial minister getting protective bail.
On the complaint of Mirza’s wife Dr Fehmida Mirza, SHC Chief Justice Faisal Arab directed the court registrar to ensure the safe exit of the petitioner. The police was then removed from the court premises through the efforts of the home secretary.
On May 23, the court was again surrounded by police contingents with all roads leading to the complex blocked by parking police vans. Armed miscreants wearing facemasks also smashed windscreens and side glasses of several vehicles parked at the court’s entrance gate.
When the authorities were questioned, the Sindh chief secretary and the home secretary denied issuing any orders for police deployment and refused to defend the transgressors. They were directed to file the government’s comments and explain on whose directions the SHC was cordoned off and the action taken against the erring officers.
Show-cause notices were then issued to IGP Jamali, AIG Thebo, DIG South, SSP South and the SSU’s Major (retd) Saleem to explain why proceedings for obstructing justice and disrespecting the court should not be initiated against them.
The judges said the officials admitted their presence in and around the high court at the time of incident on May 23 and charged them with intentionally and deliberately committing the act. The unconditional apology filed by the officers was rejected by the judges, saying it could not be considered genuine as the law enforcers were bound to provide a safe and secure atmosphere.
On the failure to do so, the police officials exposed themselves to contempt proceedings by preventing the smooth functioning of the court and facilitating violence in and around the court premises.
The judges also termed the blocking of roads around the court as obstruction of justice and amounting to disrespecting the court.
“We hereby direct all of your accused/alleged contemnors be tried on the aforesaid charges of contempt of court, punishable under Article 204 of the Constitution, read with the sections 3 and 5 of the Contempt of Court Ordinance, 2003,” the written order stated.
Published in The Express Tribune, December 23rd, 2015.
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