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A three-member larger bench of the Islamabad High Court (IHC) has dismissed the contempt of court proceedings against the registrar and the deputy registrar security, saying that contempt proceedings could not be initiated in the absence of a judicial or administrative order.
The bench, led by Chief Justice Aamer Farooq and including Justice Muhammad Azam Khan and Justice Inam Amin Minhas, allowed the appeals of Registrar Sardar Tahir Sabir and Deputy Registrar Security Muhammad Owaisul Hassan against the contempt of court of Justice Babar Sattar.
The court was informed that the Pakistan Bar Council (PBC) and the Islamabad High Court Bar Association (IHCBA) had called for a strike on May 9, 2024 and the judge had termed the difficulties faced by lawyers in appearing in the courts an obstacle to access to justice.
The matter was first sent to the senior puisne judge and then was placed before the IHC Administration Committee. The senior puisne judge said in an inquiry report on May 14 that the lawyers were not prevented from going to court.
The Administration Committee on May 20 reported that no evidence of forcible restraint of lawyers was found. Later, Justice Babar Sattar heard a petition for restoration of the dismissed petition on non-prosecution on May 21.
The larger bench ruled that when there was no judicial or administrative order, contempt of court proceedings could not be initiated against the appellants. Hence the contempt of court proceedings against the registrar and deputy registrar security were terminated.
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