Thar tragedy: CS given contempt notice for forming judicial commission on his own
Decision goes against orders of the high court.
The lawyer stated that unless the contempt application is granted, the prestige of the court will be damaged. PHOTO: PPI/FILE
KARACHI:
The Sindh High Court (SHC) issued on Tuesday a contempt notice to the provincial chief secretary, Sajjad Saleem Hotiana, for allegedly subverting the court's previous order regarding the formation of a judicial commission to probe into the causes of the recent deaths in Thar.
Headed by Chief Justice Maqbool Baqar, the bench adjourned the hearing for a date that will be notified later by the office. The contempt proceedings against Hotiana have been sought in the proceedings initiated on three identical petitions — filed by the Sindh High Court Bar Association, the Pakistan Institute of Labour Education and Research (Piler) and a civil rights litigant, Rana Faizul Hasan.
The petitioners had pleaded the court order stern action against the relevant government officials for their alleged negligence in taking pre-emptive measures to deal with the drought, ordering a judicial inquiry into the deaths of 200 women and children and a provision of basic health facilities to the region.
On Tuesday, Zulfiqar Ali Shah, a Piler representative, had moved a miscellaneous application under Sections 3, 6 and 12 of the Contempt of Court Ordinance 2003 read along with Article 204 of the Constitution.
He submitted that the Sindh High Court, while considering a proposal to form a judicial commission to mitigate and resolve the issues facing Tharis, had on April 11 directed the representatives of the petitioners, the advocate-general, the deputy attorney-general and other law officers to suggest the composition and mandate of the proposed commission.
However, the petitioners were informed that in a deliberate attempt to undermine and violate the April 11 order and to subvert the formation of a commission by the high court, Hotiana issued directives for the formation of a so-called judicial commission, comprising three members.
Piler's lawyer Faisal Siddiqui stated that it is pertinent to note that the petitioners had sent a notice to the chief secretary on April 18 for consciously, deliberately and willfully subverting, undermining and violating the order of the high court. In view of the situation, the lawyer pleaded the court punish Hotiana for his actions.
Published in The Express Tribune, April 23rd, 2014.
The Sindh High Court (SHC) issued on Tuesday a contempt notice to the provincial chief secretary, Sajjad Saleem Hotiana, for allegedly subverting the court's previous order regarding the formation of a judicial commission to probe into the causes of the recent deaths in Thar.
Headed by Chief Justice Maqbool Baqar, the bench adjourned the hearing for a date that will be notified later by the office. The contempt proceedings against Hotiana have been sought in the proceedings initiated on three identical petitions — filed by the Sindh High Court Bar Association, the Pakistan Institute of Labour Education and Research (Piler) and a civil rights litigant, Rana Faizul Hasan.
The petitioners had pleaded the court order stern action against the relevant government officials for their alleged negligence in taking pre-emptive measures to deal with the drought, ordering a judicial inquiry into the deaths of 200 women and children and a provision of basic health facilities to the region.
On Tuesday, Zulfiqar Ali Shah, a Piler representative, had moved a miscellaneous application under Sections 3, 6 and 12 of the Contempt of Court Ordinance 2003 read along with Article 204 of the Constitution.
He submitted that the Sindh High Court, while considering a proposal to form a judicial commission to mitigate and resolve the issues facing Tharis, had on April 11 directed the representatives of the petitioners, the advocate-general, the deputy attorney-general and other law officers to suggest the composition and mandate of the proposed commission.
However, the petitioners were informed that in a deliberate attempt to undermine and violate the April 11 order and to subvert the formation of a commission by the high court, Hotiana issued directives for the formation of a so-called judicial commission, comprising three members.
Piler's lawyer Faisal Siddiqui stated that it is pertinent to note that the petitioners had sent a notice to the chief secretary on April 18 for consciously, deliberately and willfully subverting, undermining and violating the order of the high court. In view of the situation, the lawyer pleaded the court punish Hotiana for his actions.
Filing a miscellaneous application for initiating contempt proceedings, the lawyer stated that unless the contempt application is granted, the prestige of the court will be damaged and the interest of the petitioners, as well as the victims of the Tharparkar tragedy, will be gravely prejudiced against. After hearing Siddiqui's arguments, the high court bench issued a contempt notice to Hotiana.
Published in The Express Tribune, April 23rd, 2014.