IHC larger bench to try Imran for contempt

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IHC larger bench to try Imran for contempt​

Malik Asad | Nasir Iqbal
August 28, 2022


ISLAMABAD: A five-judge larger bench of the Islamabad High Court (IHC) has been constituted to proceed against Pakistan Thereek-i-Insaf (PTI) chairman and former prime minister Imran Khan on the charge of contempt of court for ‘intimidating a female judge’.

The bench headed by IHC Chief Justice Athar Minallah comprises Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri and Justice Babar Sattar.

The bench will resume proceeding on the matter on Aug 31 when the ex-PM is supposed to appear in person before the court. The IHC had earlier issued a show-cause notice to Mr Khan with the direction to appear before the court.

Initially, the matter was heard by a three-member bench.

Gill moves SC against validation of his 48-hour custody by IHC

The show-cause notice to Mr Khan mentioned that the statement was made in a sub judice matter to get ‘favourable’ verdict and prima facie, this act was tantamount to obstructing the course of justice and due process and to undermine public confidence in the court of law.

“These remarks have been made with the motive of bringing the administration of law into disrepute and eroding the integrity and credibility of the judicial system.”

Prima facie Mr Khan committed “criminal as well as judicial contempt, punishable under section 5 of the Contempt of Court Ordinance, 2003”, it added.

Also, Yaseen Gill, brother of Mr Khan’s chief of staff Shahbaz Gill, has filed a complaint before the IHC chief justice against additional sessions judge Zeba Chaudhry.

It stated that “she had passed the order on August 17, 2022 [to hand over Mr Shahbaz’s custody to police] in grave violation and derogation of judicial norms and express provisions of law”.

Gill approaches SC

Meanwhile, Mr Shahbaz, who is currently lodged in Adiala Prison, approached the Supreme Court against the Aug 22 validation of his physical custody to the police by IHC for 48 hours despite strong evidence of custodial torture.

The petitioner moved two separate pleas before the SC, seeking a direction for the constitution of an independent medical board to ascertain the severity of physical torture, quantum of injuries and inhumane treatment meted out to him during the physical custody.

The SC was urged to set aside the IHC order “with full force” to avoid custodial violence and miscarriage of justice in future police investigations besides declare the investigation in the case (FIR No 691/2022) of Aug 9, including collection of evidence, as “unlawful”.

Earlier, a sessions court had adjourned till Monday the hearing on Mr Shahbaz’s petition seeking post-arrest bail.

Published in Dawn, August 28th, 2022

IHC larger bench to try Imran for contempt

Shahbaz Gill moves SC against validation of his 48-hour custody by IHC.

www.dawn.com

 

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Expected mistake to be admitted’, IHC CJ tells Imran in contempt case​

Expresses disappointment over PTI chief's written response, gives a week to submit another reply

Saqib Bashir/Rizwan Ghilzai/Hasnaat Malik
August 31, 2022

Chairman PTI Imran Khan speaks to journalists before court proceedings in Islamabad on August 31. SOURCE: PTI Twitter

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ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah on Wednesday expressed his disappointment over former premier and Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan's written response in a contempt case and ordered a second reply to be submitted in seven days.
A five-member larger bench headed by CJ Athar Minallah heard the case earlier today. The bench included Justice Mohsin Akhtar Kayani, Justice Mian Gul Hasan Aurangzeb, Justice Tariq Mehmood Jahangiri and Justice Babar Sattar.

During the proceedings, the CJ said “we have read your written response” before adding that he “did not expect what was stated” about the lower court judges.

"I was expecting that the mistake made would have been admitted," continued the judge as he expressed his disappointment.

The judge stated that the courts have taken up "sensitive matters" including "torture" and "enforced disappearances". Reflecting on the seriousness of contempt against the court, he added that judges responsible for upholding justice in serious matters "were opened to criticism", particularly when Imran "questioned why the court was opened at midnight".

Justice Minnallah was alluding to the PTI chief's criticism of the IHC being opened at midnight during the vote of no confidence tabled against him in the National Assembly in April this year.
"It has been open to everyone since 2018," he retorted during the hearing today.

“For the past three years we have raised the issue of torture without any fear,” he said, “a political party’s leader has followers, they should think before they speak.”

Minallah furthered that for three years the court raised issues with then federal cabinet but “if only they [the forme ruling party] had raised their voices then as well”.

"Should someone of Imran Khan's stature have done this?" said the IHC CJ as he lambasted the PTI chief for not having repented over his words.
"No one can influence this court or any judge," he added while saying "this court has to uphold civilian supremacy. These [lower court] judges are more important than the Supreme Court and high courts."

"Change will come when the constitution will be supreme and civilian supremacy will be upheld," remarked the judge.

Advocate General Islamabad (AGI) Jahangir Jadoon began to argue that PTI leader Fawad Chaudhry had also given statements against the court. Imran's lawyer, however, distanced himself from Fawad's comments.

Preventing the AGI from speaking, the court maintained that “the matter is between the court and the one against whom the contempt was committed”.
"You are registering sedition and terrorism cases," the judge lambasted and suggested the "approach should be reviewed".
Subsequently, the IHC appointed senior lawyer Makhdoom Ali Khan, Muneer A Malik, and the Pakistan Bar Council member as amicus in the case.


"Please do appreciate the gravity of this matter," said CJ Minallah as he adjourned the court until September 8 and directed Imran to submit another response.

Strict security in place

As Imran entered the court premises alone, journalists inquired if he would apologise for his remarks to which he responded “I have submitted my response to the court”.
He also remarked "I wonder why there is so much fear," in a casual conversation with the media before party Vice President Shah Mehmood Qureshi prevented journalists from further questioning.

 

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“These remarks have been made with the motive of bringing the administration of law into disrepute and eroding the integrity and credibility of the judicial system.”