Mazari vs Asif: After minister’s no-show, IHC revokes mediation offer
He failed to appear on two consecutive hearings despite court directions
Dr Shireen Mazari, Khawaja Asif. PHOTO: FILE
ISLAMABAD:
It seems that Defence Minister Khawaja Asif wants to drag out a conflict with Pakistan Tehreek-e-Insaf (PTI) MNA Dr Shireen Mazari after he failed to appear before the Islamabad High Court on Monday.
His failure to appear before a division bench comprising Justice Shaukat Aziz Siddqui and Justice Mohsin Akhtar Kayani, despite court directions to appear in person, meant that an offer from the court to help reconcile differences between the two warring parliamentarians lapsed.
Previously, the counsel for Asif had said that the minister was busy in a cabinet meeting. On Monday, Asif’s counsel failed to appear before with the court with the lawyer’s associate informing the court that he had been admitted to CMH Rawalpindi for treatment.
After hearing the explanation, the judges withdrew their offer of mediation. “Argue the case on its merits from the next date,” Justice Siddiqui remarked. He said that the court can’t force parties to reconcile and the offer was just a gesture on the court’s part to resolve the matter.
“You showed grace,” Justice Siddiqui said while acknowledging Mazari’s presence in court for a second time since the reconciliation offer was made.
Meanwhile, the counsel for National Assembly Speaker Ayaz Sadiq informed the court that the derogatory remarks have already been expunged from the assembly’s proceedings.
Over the meeting excuse, the IHC had ordered Asif to appear in person before the court on December 19 while observing that the “defence minister is bound to comply with court orders even if it’s a cabinet meeting or any other.”
Earlier, the court had verbally suggested reconciliation efforts be made between the politicians with directions to the counsel for both the parties to ask their clients to appear in court on December 8 so that the issue of derogatory remarks on the floor of the National Assembly in June could be resolved.
The court did not summon the parliamentarians but asked them to appear before court during the hearing of Mazari’s intra-court appeal, which seeks court intervention to create an exception in Article 69 and reinterpret its provision for the protection of women on the floor of the National Assembly.
While challenging a single bench order, Mazari, through her counsel Barrister Shoaib Razzaq, filed an ICA seeking reinterpretation of the law. She linked it to Asif’s derogatory remarks against her during a session of the lower house in June.
Justice Athar Minallah had dismissed her petition, which sought the disqualification of the defence minister over his remarks.
Mazari had named the federation as a respondent through Law Minister Zahid Hamid, Defence Minister Khawaja Asif, NA Speaker Ayaz Sadiq, and the Ministry of Parliamentary Affairs through its minister Sheikh Aftab Ahmed.
Razzaq stated that Asif, while pointing towards Mazari, made an insulting comment when she and other lawmakers were protesting against his speech on loadshedding during Ramazan.
“The impugned remarks were a malicious attempt to harass and intimidate the appellant and impede her from scrutinising the law,” he stated. He added that Mazari’s fundamental rights had been violated and no effective relief was provided to her.
Published in The Express Tribune, December 20th, 2016.
It seems that Defence Minister Khawaja Asif wants to drag out a conflict with Pakistan Tehreek-e-Insaf (PTI) MNA Dr Shireen Mazari after he failed to appear before the Islamabad High Court on Monday.
His failure to appear before a division bench comprising Justice Shaukat Aziz Siddqui and Justice Mohsin Akhtar Kayani, despite court directions to appear in person, meant that an offer from the court to help reconcile differences between the two warring parliamentarians lapsed.
Previously, the counsel for Asif had said that the minister was busy in a cabinet meeting. On Monday, Asif’s counsel failed to appear before with the court with the lawyer’s associate informing the court that he had been admitted to CMH Rawalpindi for treatment.
After hearing the explanation, the judges withdrew their offer of mediation. “Argue the case on its merits from the next date,” Justice Siddiqui remarked. He said that the court can’t force parties to reconcile and the offer was just a gesture on the court’s part to resolve the matter.
“You showed grace,” Justice Siddiqui said while acknowledging Mazari’s presence in court for a second time since the reconciliation offer was made.
Meanwhile, the counsel for National Assembly Speaker Ayaz Sadiq informed the court that the derogatory remarks have already been expunged from the assembly’s proceedings.
Over the meeting excuse, the IHC had ordered Asif to appear in person before the court on December 19 while observing that the “defence minister is bound to comply with court orders even if it’s a cabinet meeting or any other.”
Earlier, the court had verbally suggested reconciliation efforts be made between the politicians with directions to the counsel for both the parties to ask their clients to appear in court on December 8 so that the issue of derogatory remarks on the floor of the National Assembly in June could be resolved.
The court did not summon the parliamentarians but asked them to appear before court during the hearing of Mazari’s intra-court appeal, which seeks court intervention to create an exception in Article 69 and reinterpret its provision for the protection of women on the floor of the National Assembly.
While challenging a single bench order, Mazari, through her counsel Barrister Shoaib Razzaq, filed an ICA seeking reinterpretation of the law. She linked it to Asif’s derogatory remarks against her during a session of the lower house in June.
Justice Athar Minallah had dismissed her petition, which sought the disqualification of the defence minister over his remarks.
Mazari had named the federation as a respondent through Law Minister Zahid Hamid, Defence Minister Khawaja Asif, NA Speaker Ayaz Sadiq, and the Ministry of Parliamentary Affairs through its minister Sheikh Aftab Ahmed.
Razzaq stated that Asif, while pointing towards Mazari, made an insulting comment when she and other lawmakers were protesting against his speech on loadshedding during Ramazan.
“The impugned remarks were a malicious attempt to harass and intimidate the appellant and impede her from scrutinising the law,” he stated. He added that Mazari’s fundamental rights had been violated and no effective relief was provided to her.
Published in The Express Tribune, December 20th, 2016.