Islamabad DC’s fate hangs in balance

IHC rejects plea requesting withdrawal of show cause notice against Memon in contempt case

ISLAMABAD:

The Islamabad High Court (IHC) Wednesday rejected Islamabad Deputy Commissioner (DC) Irfan Nawaz Memon’s request to withdraw a show cause notice issued in a contempt of court case.

Moreover, the court instructed him not to proceed to an Umrah in Saudi Arabia with his family until the matter was resolved.

During the proceedings, the Islamabad DC maintained that he could not fathom being held in contempt of court and humbly placed himself at the mercy of the court. The court, presided over by Justice Babar Sattar, expressed dissatisfaction with Memon's absence during the previous hearing, issuing a show cause notice and setting a response deadline.

Justice Sattar emphasised the gravity of the situation, questioning Memon's awareness of the court order and chastising him for causing a delay in concluding the case. The court noted that the 69 Maintenance of Public Order (MPO) orders issued by Memon over 970 days raised concerns about potential overreach.

In response, Memon offered an unconditional apology, acknowledging the missed hearing and expressing remorse. Justice Sattar, however, highlighted that MPO orders continued to be issued even after the show cause notice, prompting the court to intervene and curtail the power to issue such orders.

Read: IHC rejects DC Islamabad's unconditional apology in 3-MPO case

The legal counsel for the Islamabad DC Raja Rizwan Abbasi argued that the case did not meet the criteria for contempt of court under section 6. Abbasi emphasised the intelligence reports on which the MPO orders were based, stating that the district magistrate acted as the eyes and ears of the administration.

He contended that the issuance of MPO orders was a preventive measure based on genuine concerns about potential threats to public order.

Abbasi further presented the District Intelligence Committee's role, which included representatives from intelligence agencies, police, and military units, suggesting that the MPO orders were a response to their input. He argued that the non-appearance of DC Islamabad should not be considered an obstacle to justice and called for the dismissal of the contempt of court case.

The court also ordered the submission of the composition and Terms of Reference (TORs) of the District Intelligence Committee for examination. The hearing was adjourned until March 1, with the decision expected to be pronounced at the next session. As the legal proceedings unfold, the fate of DC Islamabad and the implications of the contempt of court case remain uncertain.

On Tuesday, the IHC issued an arrest warrant for Islamabad DC Irfan Nawaz Memon over his non-appearance in the contempt of court case. The court ordered to place the DC's name in the Exit Control List (ECL), as well as the order to arrest him and produce him before the court.

Justice Babar Sattar heard the contempt of court case against the Islamabad DC and SSP operations on violation of court order.

Senior Superintendent of Police (SSP) Malik Jameel Zafar and Superintendent of Police (SP) Farooq Buttar appeared before the court. However, Deputy Commissioner Irfan Nawaz Memon did not appear before the court and submitted a plea for exemption from the court. Prosecutor Qaiser Imam also appeared before the court.

The matter regarding the power to issue MPO reached the court after the multiple MPO-based detentions of several PTI leaders under the crackdown against the former ruling party.

The IHC on September 7 restrained the Islamabad DC from exercising section 3-MPO powers until further notice.

Published in The Express Tribune, February 22^nd, 2024.