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The Sindh High Court on Friday issued notices to Sindh Chief Minister Dr Arbab Ghulam Rahim on a contempt application filed by the Karachi Bar Association for allegedly making contemptuous statements in media on suo-motu proceedings initiated by the court over the May 12 incidents.
Notices were also issued to Secretary Ministry of Interior, MQM’s London-based chief Altaf Hussain, Home Adviser Waseem Akhtar, Home Secretary Ghulam Mohammad Mohtaram, DG Rangers, IGP Sindh, CCPO, SHO City Court police by SHC’s full court in another petition seeking a judicial inquiry into the May 12 mayhem.
The full court was hearing a suo-motu reference regarding siege of the high court and the City Courts buildings by mobs, a petition seeking judicial inquiry into violence and killings on May 12 and contempt application against the Sindh chief minister.
The Pakistan People’s Party moved the court being an aggrieved party in the May 12 incidents. PPP’s Senator Raza Rabbani sought permission from the court to file affidavits of his party activists, who were eyewitnesses of the May 12 violence and killing of innocent persons. The court, granting permission, asked them to file their respective affidavits.
Arguing on contempt application against the chief minister, Sindh High Court Bar Association’s general secretary Munibur Rehman and senior lawyer Abdul Hafeez Lakho said the chief minister had issued contemptuous remarks regarding the court’s suo-moto notice on May 12 incidents and referred the press clippings of news items published in different sections of the press.
They were of the view that issuing of such statements by the chief minister, the “authority of the court is being challenged”. In-charge Advocate-General Sindh Masood A Noorani tried to defend the chief minister’s position, submitting that news reports could not be relied upon for issuing notice to the chief minister in a contempt matter.
The Bar leaders strongly reacted to the AG’s defence, contending that the provincial law officer could not defend the chief minister in contempt matter. The court also took notice of the AG’s submission for defending the CM in contempt of court matter, observing the law officer has to assist the court instead of defending the CM in a contempt matter.
The court observed that the chief minister was not being summoned but issued notice for his comments on the application. Amicus curie Qazi Faez Isa requested the court to array provincial and federal governments as respondents in the suo-motu petition as the matter pertains to the maintenance of law and order situation on May 12.
He also raised serious objection to the filing of comments by DG Rangers Sindh who submitted in comments that Rangers may not be held responsible for the situation on May 12 and requested the court to frame issues for probe on May 12 incident.
The court, however, made it clear that the court was not probing the May 12 incidents but it was dealing with the matter in its constitutional jurisdiction. The court observed that after perusing the affidavits and counter-affidavits of the petitioners, the Bar and the respondents concerned, the court would fix responsibility of the incidents and pass an order.
Issuing notices to the respondents with direction to file their respective comments and affidavits, the court adjourned the hearing for July 3, 2007. Earlier, senior lawyer Khalid Anwar, who was also appointed as amicus curie, submitted that independence of police institution is necessary for the rule of law in the country.
He argued that the independence of police institution is also essential for the independence of the judiciary as fundamental rights of the people could not be safeguarded until the police institution is freed from executive control.
Khalid Anwar said the prime duty of the police is to protect the public interest and not the government orders. He also referred to the police system being implemented in Canada, Britain and Australia and their responsibilities, saying that police were not servant of the government but they fall within the ambit of the law.
He said police should disregard the order of senior officials if they restrain them from controlling the law and order situation. He said the May 12 incidents could not have happened had the police officers freely taken action against miscreants to control the law and order situation.
He deplored the fact that the law-enforcement agencies are working under the control of government and obey its every illegal order that has worsened the law and order situation in the country.
The Karachi Bar Association also filed affidavits of 45 advocates who alleged that armed persons of a political party had laid siege to the City Courts and Malir District Court on May 12 and maltreated, tortured lawyers who wanted to welcome the CJP. The KBA said due to firing of armed persons, two lawyers were killed and 21 others injured.
The full bench comprised Justice Sarmad Jalal Osmany, Justice Anwar Zaheer Jamali, Justice Mushir Alam, Justice Azizullah M Memon, Justice Khilji Arif Hussain, Justice Maqool Baqar and Justice Ali Sain Dino Metlo.
The suo-motu notice was taken on a report of the in-charge registrar of the SHC submitted before Chief Justice Sabihuddin Ahmed regarding the May 12 incidents. The registrar submitted that the high court and City Court buildings were surrounded by mobs, whowere stopping everybody from entering the courts’ premises.
He stated the police force available there was not taking any action against the miscreants and they were sitting as “silent spectators”. Besides, the roads leading to the High Court and the City Court premises were barricaded and had been blocked by the miscreants and police were not taking action to remove the same.
Meanwhile, in a petition filed by Syed Iqbal Kazmi and Shazia Kazmi, they held the MQM, the Sindh government and the law-enforcement agencies responsible for the killings of more than 40 citizens on May 12. The petitioners prayed that inquiry be conducted under the supervision of a High Court judge, cases be registered against responsible persons involved in the May 12 incidents and government officials be sacked for failure in performing their duties in accordance with the law and the Constitution.
Online adds: The petitioners stated that on May 12, a bloodbath was carried out in Karachi at the behest of MQM chief Altaf Hussain and the carnage was supervised by Home Affairs Adviser, Sindh, Waseem Akhtar.
The petitioners further stated that when the plane of the chief justice landed in Karachi, bloodshed began in the city. In the meantime, the MQM chief, while addressing a public meeting by phone from London, stated that those who were thinking to eliminate the MQM were themselves eliminated today.
The statement shows that the MQM was involved in the May 12 mayhem, the petitioners argued. The petition said the home secretary and IGP, Sindh, had violated the court’s order regarding provision of security to the CJP during his visit to the city whereby the High Court and City Courts buildings were besieged by mobs who maltreated and physically tortured lawyers when they arrived at the court premises.
They said the government had failed to protect the lives, liberty, freedom of movement and other fundamental rights of the citizens. They prayed the court to initiate contempt proceedings against Home Adviser Waseem Akhtar for issuing insulting remarks against the Chief Justice in the media.
The petitioners alleged that Sindh Governor, Dr Ishratul Ebad, in violation of the Constitution, did not consult the chief minister and proceeded to London to take instructions from the party leader.
They said Sindh police officials and the adviser on home affairs should be tried for high treason as they had violated the provisions of Articles 4, 16 and 25 of the Constitution. Naheed Afzal, Hafiz Fazle Karim and Faisal Qureshi, advocates, appeared before the court on behalf of the petitioners.
http://thenews.com.pk/top_story_detail.asp?Id=8257
Notices were also issued to Secretary Ministry of Interior, MQM’s London-based chief Altaf Hussain, Home Adviser Waseem Akhtar, Home Secretary Ghulam Mohammad Mohtaram, DG Rangers, IGP Sindh, CCPO, SHO City Court police by SHC’s full court in another petition seeking a judicial inquiry into the May 12 mayhem.
The full court was hearing a suo-motu reference regarding siege of the high court and the City Courts buildings by mobs, a petition seeking judicial inquiry into violence and killings on May 12 and contempt application against the Sindh chief minister.
The Pakistan People’s Party moved the court being an aggrieved party in the May 12 incidents. PPP’s Senator Raza Rabbani sought permission from the court to file affidavits of his party activists, who were eyewitnesses of the May 12 violence and killing of innocent persons. The court, granting permission, asked them to file their respective affidavits.
Arguing on contempt application against the chief minister, Sindh High Court Bar Association’s general secretary Munibur Rehman and senior lawyer Abdul Hafeez Lakho said the chief minister had issued contemptuous remarks regarding the court’s suo-moto notice on May 12 incidents and referred the press clippings of news items published in different sections of the press.
They were of the view that issuing of such statements by the chief minister, the “authority of the court is being challenged”. In-charge Advocate-General Sindh Masood A Noorani tried to defend the chief minister’s position, submitting that news reports could not be relied upon for issuing notice to the chief minister in a contempt matter.
The Bar leaders strongly reacted to the AG’s defence, contending that the provincial law officer could not defend the chief minister in contempt matter. The court also took notice of the AG’s submission for defending the CM in contempt of court matter, observing the law officer has to assist the court instead of defending the CM in a contempt matter.
The court observed that the chief minister was not being summoned but issued notice for his comments on the application. Amicus curie Qazi Faez Isa requested the court to array provincial and federal governments as respondents in the suo-motu petition as the matter pertains to the maintenance of law and order situation on May 12.
He also raised serious objection to the filing of comments by DG Rangers Sindh who submitted in comments that Rangers may not be held responsible for the situation on May 12 and requested the court to frame issues for probe on May 12 incident.
The court, however, made it clear that the court was not probing the May 12 incidents but it was dealing with the matter in its constitutional jurisdiction. The court observed that after perusing the affidavits and counter-affidavits of the petitioners, the Bar and the respondents concerned, the court would fix responsibility of the incidents and pass an order.
Issuing notices to the respondents with direction to file their respective comments and affidavits, the court adjourned the hearing for July 3, 2007. Earlier, senior lawyer Khalid Anwar, who was also appointed as amicus curie, submitted that independence of police institution is necessary for the rule of law in the country.
He argued that the independence of police institution is also essential for the independence of the judiciary as fundamental rights of the people could not be safeguarded until the police institution is freed from executive control.
Khalid Anwar said the prime duty of the police is to protect the public interest and not the government orders. He also referred to the police system being implemented in Canada, Britain and Australia and their responsibilities, saying that police were not servant of the government but they fall within the ambit of the law.
He said police should disregard the order of senior officials if they restrain them from controlling the law and order situation. He said the May 12 incidents could not have happened had the police officers freely taken action against miscreants to control the law and order situation.
He deplored the fact that the law-enforcement agencies are working under the control of government and obey its every illegal order that has worsened the law and order situation in the country.
The Karachi Bar Association also filed affidavits of 45 advocates who alleged that armed persons of a political party had laid siege to the City Courts and Malir District Court on May 12 and maltreated, tortured lawyers who wanted to welcome the CJP. The KBA said due to firing of armed persons, two lawyers were killed and 21 others injured.
The full bench comprised Justice Sarmad Jalal Osmany, Justice Anwar Zaheer Jamali, Justice Mushir Alam, Justice Azizullah M Memon, Justice Khilji Arif Hussain, Justice Maqool Baqar and Justice Ali Sain Dino Metlo.
The suo-motu notice was taken on a report of the in-charge registrar of the SHC submitted before Chief Justice Sabihuddin Ahmed regarding the May 12 incidents. The registrar submitted that the high court and City Court buildings were surrounded by mobs, whowere stopping everybody from entering the courts’ premises.
He stated the police force available there was not taking any action against the miscreants and they were sitting as “silent spectators”. Besides, the roads leading to the High Court and the City Court premises were barricaded and had been blocked by the miscreants and police were not taking action to remove the same.
Meanwhile, in a petition filed by Syed Iqbal Kazmi and Shazia Kazmi, they held the MQM, the Sindh government and the law-enforcement agencies responsible for the killings of more than 40 citizens on May 12. The petitioners prayed that inquiry be conducted under the supervision of a High Court judge, cases be registered against responsible persons involved in the May 12 incidents and government officials be sacked for failure in performing their duties in accordance with the law and the Constitution.
Online adds: The petitioners stated that on May 12, a bloodbath was carried out in Karachi at the behest of MQM chief Altaf Hussain and the carnage was supervised by Home Affairs Adviser, Sindh, Waseem Akhtar.
The petitioners further stated that when the plane of the chief justice landed in Karachi, bloodshed began in the city. In the meantime, the MQM chief, while addressing a public meeting by phone from London, stated that those who were thinking to eliminate the MQM were themselves eliminated today.
The statement shows that the MQM was involved in the May 12 mayhem, the petitioners argued. The petition said the home secretary and IGP, Sindh, had violated the court’s order regarding provision of security to the CJP during his visit to the city whereby the High Court and City Courts buildings were besieged by mobs who maltreated and physically tortured lawyers when they arrived at the court premises.
They said the government had failed to protect the lives, liberty, freedom of movement and other fundamental rights of the citizens. They prayed the court to initiate contempt proceedings against Home Adviser Waseem Akhtar for issuing insulting remarks against the Chief Justice in the media.
The petitioners alleged that Sindh Governor, Dr Ishratul Ebad, in violation of the Constitution, did not consult the chief minister and proceeded to London to take instructions from the party leader.
They said Sindh police officials and the adviser on home affairs should be tried for high treason as they had violated the provisions of Articles 4, 16 and 25 of the Constitution. Naheed Afzal, Hafiz Fazle Karim and Faisal Qureshi, advocates, appeared before the court on behalf of the petitioners.
http://thenews.com.pk/top_story_detail.asp?Id=8257
