LHC accepts policemen’s apology in Elahi case

Dismisses petition for contempt proceedings against officials disobeying LHC order on Sep 1

LAHORE:

The Lahore High Court (LHC) has dismissed a petition seeking contempt proceedings against police officers who failed to comply with the court's order restraining the arrest of former Punjab chief minister Parvez Elahi in any case. The court observed that forgiveness stands as a hallmark of Islam.

A single-member bench of LHC, led by Justice Amjad Rafiq on September 1, instructed the National Accountability Bureau (NAB) to release Elahi and directed authorities not to detain the PTI leader in any known or undisclosed case. Justice Rafiq had further ordered the LHC's additional registrar security, DIG Operations, and other police officials to ensure Elahi's safe return to his Lahore residence.

However, the former Punjab CM was halted by Islamabad Police officials during his journey home and detained under the Maintenance of Public Order (MPO) Ordinance. Following this incident, Elahi's wife filed a petition alleging contempt of court against the DIGs of Investigations and Operations for supposedly disregarding the LHC's directive.

Read Elahi's arrest: Contempt plea against police high-ups disposed of

Several LHC judges presided over the proceedings on this matter. Justice Sultan Tanvir Ahmad, after hearing comprehensive arguments from all sides and reserving the order a few days ago, revealed the decision on Tuesday. The order said it is also settled already that power to convict for contempt is an extraordinary power and can be exercised with great circumspection only where it is absolutely necessary.

“The purpose of contempt is not to wreak vengeance. The forgiveness and pardon enshrined in Islam is one of the hallmarks of Islamic system of dispensation of justice. “In view of the unqualified apology tendered by the respondents [police] as well as remorse shown and their specific undertaking to be extremely careful in the future, I see no reason to proceed further with this criminal original.

The matter is accordingly disposed of,” it said. The respondents instead of pleading any merits had tendered unconditional apology and placed themselves at the court’s mercy. The respondent’s counsel had implored the court that LHC’s earlier order passed by Justice Rafiq was complied with adding a convoy of the Punjab Police left to escort Elahi to his house.

Read more NAB files reference against Elahi, Moonis

Admittedly, when they were close to their destination, some police officials of Islamabad Police, with their team approached and sought the custody of Elahi in consequence of orders issued from Islamabad Capital Territory. Respondents without delay informed about the incident to the LHC registrar. The respondent’s counsel said the policemen genuinely and without malice, believed that the order of LHC was meant for the agencies operating within the province of Punjab.

The court stated that the petitioner accused the policemen of willfully disobeying the LHC order. “The willful disobedience is a mental element, requiring to see the chain of events and given circumstances of the complained conduct, in order to ascertain if the disobedience is deliberate and intended to achieve a particular result,” it said.