Federal Ombudsperson for Women: CJP takes notice of LHC judge’s arrest warrant

Issues notices to Justice (retd) Yasmin Abbasi and attorney general

ISLAMABAD: Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali took suo motu notice on Wednesday after the Federal Ombudsperson for Protection Against Harassment of Women at Workplace recently issued arrest warrants against a Lahore High Court judge.

The case was fixed for hearing in the open court on May 17. Suspending the purported order of ombudsperson for arresting the LHC judge, the CJP issued notices for personal appearance of Federal Ombudsperson for Women Justice (retd) Yasmin Abbasi and Attorney-General.

The CJ took suo motu notice after publication of a media report titled ‘Ombudsperson issues warrant for judge a day after apology’.

According to the report, Justice (retd) Yasmin Abbasi issued a warrant for the arrest of senior judge of the LHC Syed Mansoor Ali Shah a day after she allegedly tendered an unconditional apology to the judge for her ‘contemptuous’ conduct.

Three days prior to this development, Justice Syed Mansoor Ali Shah initiated contempt proceedings against Justice (retd) Abbasi when she appeared in his chamber along with the Attorney-General and Inspector General of Police, Islamabad, and ‘tendered’ an unconditional apology.

Justice Shah’s order states: “The respondent (Abbasi) has … submitted her unconditional apology and that no such unfortunate incident will be repeated again.”

The order said: “It is also pointed out that power of contempt enjoyed by the federal Ombudsman under the Act is a sub-constitutional power and cannot be exercised against constitutional courts,” the order added.

However, on May 10, the ombudsperson held proceedings on a show-cause notice issued to Justice Shah requiring his appearance.

In her order, the ombudsperson stated that the high court judge acted in utter violation of the Supreme Court’s order that enjoined the avoidance of 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,” she says.

In her order, the ombudsperson also stated that during the in-camera proceedings before the LHC judge, the dignity of the office of the federal ombudsman was greatly compromised and her institution was undermined in an unprecedented manner.

According to Abbasi, she did not tender any unconditional apology, but she was made to sign a statement prepared by the attorney-general under an atmosphere of extreme duress.

Justice Shah had initiated contempt proceedings against the ombudsperson, after she refused to appear before the court.

Subsequently, the ombudsperson served a contempt notice on the judge, accusing him of committing contempt of the office of the federal ombudsperson.

Published in The Express Tribune, May 12^th, 2016.