Contempt of court : SHC rejects Ghotki SSP’s apology once again

Accused initiated unauthorised inquiry against a civil judge

KARACHI: Sindh High Court (SHC) once again rejected on Monday the 'unconditional' apology tendered by senior superintendent of police (SSP) in a case relating to an unauthorised police inquiry against a civil judge in Ghotki.

SHC chief justice Sajjad Ali Shah, who headed the division bench, fixed June 30 to hear arguments as to why the SSP Saqib Sultan should not be proceeded against for the contempt of court.

Earlier on March 28, the two judges had rejected the unconditional apology tendered by the police officer, observing it was 'not acceptable after looking at his conduct'.

Case history

The chief justice had initiated proceedings on a report submitted by the district and sessions judge, Ghotki, Farzana Anwar Shah, regarding the initiation of an unauthorised inquiry by the police against a civil judge-cum-judicial magistrate.

The district judge reported that an inspector, Rana Asif, died on February 26, this year, and his colleagues alleged that the cause of his death was humiliation by Mirpur Mathelo civil judge Aijaz Ali Shah, who had convicted him 'till rising of the court' by keeping him handcuffed and imposing a fine of Rs1,500 on him for not filing reports to the court in the stipulated time period.

The sessions judge reported that, following the incident, police guards escorting the judge and guarding his residence withdrew in protest over their colleague's death from cardiac failure.

Later, Ghotki SSP Saqib Sultan met judge Farzana in the chamber and informed her that the Aijaz was involved in taking bribes from police officials, explaining that when the deceased inspector refused to fulfil the judge's demand [of a bribe], he was targeted and convicted without any reason.

Farzana further reported that she had verbally asked the SSP to lodge a written complaint against the judicial officer so proper action could be initiated, according to the law, but the police officer initiated an inquiry against the civil judge on his own.

The high court was asked to order action against the SSP for initiating an inquiry against a judicial officer without any 'authority'.

Court proceedings

During Monday's proceedings, SSP Mehmood submitted once again an unconditional apology.

While acting as prosecutor in the contempt of the court matter, the additional advocate-general, Barrister Ghulam Mustafa Mahesar, argued that from the perusal of the case file it is evident that the police had launched a mutiny against the judiciary in Ghotki and the SSP, who is accused in the case, was in command of it. Therefore, he pleaded that the charge may be framed against the officer.

The prosecutor also contended that on one hand the officer was seeking an unconditional apology, but on the other hand he had defended his actions in his reply to the SHC's show-cause notice as well as his affidavit. "So such an apology is not only half-hearted but also bogus," he added.

Defence lawyer Khalid Javed said the accused SSP Mehmood had once again tendered unconditional apology and surrendered him before the court. The bench members observed that the officer should have been suspended due to his conduct.

Fixing hearing on June 30, the judges directed the SSP's lawyer to argue on the next date as to why the accused should not be proceeded against for disrespecting the judiciary and initiating unauthorised inquiry against the judge.

Published in The Express Tribune, May 24^th, 2016.