‘Khan, Qadri have committed treason’

Advocate AK Dogar says both were trying to derail democratic process by undertaking unconstitutional activities

LAHORE:

On October 11, Advocate AK Dogar filed a petition accusing Pakistan Tehreek-i-Insaf chief Imran Khan and Pakistan Awami Tehreek chief Dr Tahirul Qadri of holding rallies in violation of an order passed by a full bench of the court. He said Khan and Qadri were trying to derail the democratic process by undertaking unconstitutional activities.

He asked the court to order proceedings against both respondents under Article 6 of the Constitution (that deals with treason).

School fee

Lahore High Court on October 9, sought replies from the Competition Commission of Pakistan and the Education Department on a petition against arbitrary revisions of private school fees. Advocate Sheraz Zaka, the petitioner, said owners of some private schools were exploiting people.

Drainage System

Supreme Court on October 10 directed the managing director of Water and Sanitation Authorities to submit the plan for a project to improve the city’s drainage system. A three-judge bench headed by Justice Jawad S Khwaja was hearing a suo motu case against Wasa’s failure to drain rainwater from the city.

Wasa MD Chaudhry Naseer appeared before the court and said they were planning to increase the capacity of three drains. He said the project had been approved by the Planning and Development Board. The project is expected to cost Rs9 billion. Naseer said this would hopefully solve the problem of draining rainwater.

Policeman snubbed

Two judges on a Supreme Court bench took CIA SP Umar Virk to task for failing to produce a rape suspect before a magisterial court to record his confession. Justice Mian Saqib Nisar and Justice Azmat Saeed were hearing a suo motu notice on police’s failure to prosecute a man accused of raping a child in Mughalpura, despite the lapse of over a year. Punjab Advocate General Hanif Khatana and CIA SP Umar Virk furnished a report stating that the Railway Police had caught a man at the City railway station trying to kidnap a child.The court inquired as to whether the suspect had been produced before a magistrate to record his statement under Section 164 of the Criminal Code of Procedure. Virk said that he had obtained physical remand of the suspect but had not yet handed him over to a joint investigation team.

The judges told the SP off for this. Justice Nisar said a statement before police did not have legal standing.

He said the court would not tolerate a “hush-up” of the rape of a child and would supervise the case. He said the police should forget about trying to cover it up.

The court then directed SP Virk to produce the suspect before a magistrate to record his statement and submit a challan in a trial court in a month.

Allowed to practice

A three-member bench of the Supreme Court, headed by Justice Jawad S Khwaja, allowed Advocate Pervez I Mir to practice law in the Supreme Court and in district courts. Mir’s licence has been suspended for allegedly misbehaving with Justice Ayesha A Malik during a hearing.

A full bench of the Lahore High Court had also forwarded a reference to the Pakistan Bar Council asking them to take further action against Mir.

Barrister Zafarullah Khan, representing Mir, told the court that suspension of Mir’s license was a violation of the Contempt of Court Act, 2003. He said the PBC had yet to take a decision on the reference.

He said that the appellant had no other source of income and had been facing financial difficulty due to the suspension of his licence.

Justice Khwaja advised Mir to show stomach for hardship. He said he himself had been facing death threats and attempts to malign his character for 14 months. “I never lost patience,” he said.

The bench allowed Advocate Mir to practice law in the Supreme Court and district courts. The bench also directed the PBC’s disciplinary committee to pass a decision on the reference and adjourned hearing till October 20.

Published in The Express Tribune, October 13^th, 2014.