Dogar retreats amid lawyers' backlash

ISLAMABAD:

The chief justice of the capital's high court had to make a clarification on Friday after different bars and lawyers organizations "condemned" his conduct during hearing of a case with regard to removal of the name of a Baloch rights activist, Dr Mahrang Baloch, from the Exit Control List (ECL).

On Thursday, Islamabad High Court (IHC) Chief Justice Sardar Muhammad Sarfraz Dogar and Dr Mahrang's lawyer Imaan Mazari had engaged in a verbal altercation during which the judge had cautioned the lawyer that she could face contempt proceedings.

"You should keep your mouth shut and stay within the limits," Chief Justice Dogar had told Mazari, who had allegedly called Justice Dogar "a dictator" at some other forum.

Imaan had insisted that her personal opinions were protected under free speech and should not affect her client's case. "I am here with a [legal] brief, not in a personal capacity."

During the heated exchange Chief Justice Dogar had warned Imaan of possible contempt proceedings. Adding fuel to the fire, he had turned to Imaan's husband and fellow lawyer, advocate Hadi Ali Chatta, and said, "Hadi sahib, explain it to her...if I catch her someday..."

Imaan had later taken to X to reiterate that she was present in the IHC on behalf of her client, not as "activist Imaan Mazari". She stressed that she was conducting herself "according to professional etiquette (and a court should do the same)".

On Friday, a number of lawyers' bodies issued condemnatory statements with the Lahore High Court Bar Association (LHCBA) demanding the removal of Justice Dogar from his post.

In a press release — which Mazari shared on X — the LHCBA said the body's president, vice president and secretary "strongly condemn" Justice Dogar's exchange with Mazari.

The statement said that lawyers were "officer[s] of the court" and their respect and dignity was to be prioritized just as those of respected judges who were working within the bounds of law and the Constitution.

The Karachi Bar Association (KBA) also issued a statement, "strongly condemning the highly inappropriate conduct" of Justice Dogar.

"The association notes with deep concern that instead of maintaining judicial dignity and impartiality, the chief justice resorted to derogatory remarks and threats of contempt proceedings against the counsel. Such behaviour undermines the sanctity of judicial forums, intimidates members of the bar and is contrary to principles of justice," it said.

The Balochistan Bar Council also issued a similar statement, calling on the Supreme Judicial Council (SJC) to dismiss Justice Dogar from his post. Separately, a group of female lawyers also became signatories to a condemnation of the remarks, terming them "sexist, threatening and unbecoming of a judge".

The statement said Justice Dogar's remarks "reflect a deeply patriarchal attitude, and the threats are a source of concern. The purpose of contempt laws is to uphold the administration of justice, not for judges to hold a sword over the head of lawyers".

During the hearing of a case on Friday, Justice Dogar clarified his remarks, stating that Imaan Mazari was "like a daughter to him". "Yesterday I was advising her as an elder and as chief justice, but my words were taken out of context and blown out of proportion," he said.

The judge stated that he only cautioned her not to make personal comments about judges, and denied threatening to "catch" her. He added that when he mentioned contempt proceedings, it was only because repeated defiance could harm her career.