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Lawyers smashes windows of IHC building over CDA's demolition of chambers

IHC constitutes five benches to hear contempt cases against 32 lawyers

The Frontier Post
February 12, 2021



ISLAMABAD (APP): The Islamabad High Court (IHC) had constituted five benches to hear contempt of court cases against 32 lawyers involved in Islamabad High Court ambush.

Justice Aamer Farooq would hear contempt of court cases against Majeed Gujjar Advocate and others.
Justice Fiaz Ahmed Jandran would take up case against Kulsoom Rafiq and others while Justice Ghulam Azam Qambrani would hear case against Mazhar Javed Advocate and others.

Similarly, Justice Tariq Mehmood Jahangiri would hear case against Khalid Mehmood and Justice Baber Sattar would hear case against Raja Amjad Advocate and others.

It may be mentioned here that the Islamabad High Court had served show-cause notices to 32 lawyers to initiate a contempt of court proceeding against them for storming into Islamabad High Court (IHC) building and vandalizing the offices during a violent protest against demolition of illegal structures in F-8 Kachehri by civic body.
 
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CJ asks bars to assist JIT in identifying lawyers involved in IHC ambush


The Frontier Post /
February 15, 2021


ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday instructed the Islamabad High Co-urt Bar Association (IHC-BA) to assist the joint investigation team (JIT) to id-entify the lawyers involved in vandalizing the IHC’s block.

The court also rejected the request of secretary IHCBA to constitute a judicial commission to view the matter.


Chief Justice Athar Minallah heard the case against harassment of innocent lawyers by the law enforcement agencies after the IHC attack incident.

Secretary IHCBA Sohail Akber Chaudhry, Raja Inam Amin Abbas, Asif Gujjar, Shoaib Shaheen, Nazia Bibi, Dandial Hassan and police officials appeared before the bench.

The chief justice noted that the presidents of IHCBA and district bar didn’t appear before the court despite instructions.

The bench remarked that the bars should assist to identify the lawyers involved in IHC building rampage so that innocent members wouldn’t be harassed.

When everyone had been condemning the incident then they should also identify the responsible of it.
The chief justice noted that all lawyers involved in violent protest were bar members and more than fifty percent were known to him. The presidents of bars were also present on the occasion and he had observed their helplessness, Justice Minallah said.


He observed that the lawyers who had detained the judges had committed a serious crime and should be brought to justice to set example for others.

Secretary IHCBA Sohail Chaudhry on the occasion requested the court to constitute judicial commission to view the matter.

The bench however rejected the request and said that the whole fraternity had been facing disgrace due to the bad attitude of just hundred lawyers. We all were in trial now and the nation was observing us, the chief justice observed.

He further said that all protesters were in black uniform, adding that it was also the respect of bars to identify the real culprits.

Justice Minallah said that the IHC building was attacked which was intolerable. He said that the court had already instructed the law enforcers to take actions only against those lawyers who were involved in the incident.


He said that the chief justice was detained for five hours but he was not angry personally rather he wanted to take the matter to its logical end.

The bench said that the JIT had submitted its report which stated that lawyers and bars were not cooperating with it.

The chief justice said that there was no need of judicial commission in this matter, adding that the law would take its own course.

It was an opportunity for us to prove that everyone was equal in eyes of law through taking actions against the responsible people and making them as example for others.

Raja Rizwan Abbasi Advocate said that if one name identified, the police used to start arrest all lawyers with same name to this the chief justice observed that whether he knew that the protesters came here with pre planning, they even tortured journalists and deleted recorded videos.

This court had been trusting bars always but only few lawyers damaged its respect, Justice Minallah said, adding that what would be the reaction of state if it was done by a political party.

The chief justice remarked that it was the matter of institution’s dignity which couldn’t be compromised. He said that the innocent lawyers who were arrested had been released.

He observed that everything was happened in front of him but he didn’t mention any name. After this, the court adjourned hearing of the case.
 
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IHC orders razing of 'illegally constructed' lawyers chambers on Islamabad ground


Tahir Naseer
February 16, 2021


Police deployed on the premises of Islamabad High Court on Feb 8, 2021. — Photo by Mohammad Asim/File


Police deployed on the premises of Islamabad High Court on Feb 8, 2021. — Photo by Mohammad Asim/File


The Islamabad High Court (IHC) in a unanimous verdict on Tuesday ruled that the chambers built for lawyers on a sports ground in the capital's F-8 area were "illegally constructed" and therefore should be razed by the relevant authorities.

The verdict was announced by a four-judge bench headed by Chief Justice Athar Minallah and also including Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb.

In the written order, authored by Justice Minallah, IHC said lawyers and advocates who had allowed the building of the chambers "forcefully [took] the law in their hands" and added:

"The facts of this case are disturbing because the conduct of a few enrolled lawyers has caused reputational damage to the entire legal fraternity."

The high court had been hearing the case, filed by a private citizen, since the past few years. In 2018, the Supreme Court had also taken suo motu notice of the construction of chambers by district court lawyers on the football ground, however, that matter is still pending.

In its verdict issued today, the IHC observed that the encroachment on the playground had begun in 2013 and due to a restraining order passed by district courts as well as an injunction, CDA's efforts to clear the illegal structures were halted.

Furthermore, office-bearers of the Islamabad District Bar had allotted plots to some lawyers for the construction of private chambers without any authorisation from concerned authorities, the court said.

The high court expressed hope that members of the Islamabad District Bar will clear the ground and "restore the playground for public use".

The court further said that the federal government and the Capital Development Authority would be bound to clear the ground before March 23 if the lawyers fail to do so. In addition, the federal government will also hold a football match between students on the ground on March 23 — Pakistan Day — the verdict said.

The federal government has also been directed to "commence and complete the construction of the state of the art complex of district courts without unnecessary delay". The Islamabad District Bar, meanwhile, will be able to submit its proposal to the CDA for "approval in relation to the Lawyers Plot, i.e., five acre plot separately allotted by the federal government for the use of the lawyers".

"We expect that the federal government will ensure that the state of the art judicial complex is made functional before the next Pakistan Day, i.e., 23rd of March, 2022," the verdict read.

It is pertinent to mention here that earlier this month, the CDA had razed some of the chambers that were built on the ground which led to a violent protest by the lawyers, who vandalised the IHC building on February 8; a group of lawyers also barged into the Chief Justice Block, broke windows and shouted slogans against Justice Minallah outside his chamber, trapping him inside.

Contempt notices were later issued to 17 lawyers who were among the 400 who stormed the IHC building.
 
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Arrest these thugs and cancel their licenses. It will serve them well.
This is the only way to deal with such criminals.
 
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IHC seeks reply from



IHC seeks reply from 32 lawyers in contempt case


The Frontier Post /
February 18, 2021

ISLAMABAD (APP): The Islamabad High Court (IHC) on Thursday once again served contempt of court notices to 32 lawyers involved in IHC rampage and directed them to submit their written reply on next date.

The court of Justice Aamer Farooq adjourned hearing against 26 lawyers for three weeks.
Islamabad High Court Bar Association (IHCBA)’s President Haseeb Chaudhry and other lawyers appeared before the court.

The lawyers on the occasion requested the court to constitute a joint investigation team (JIT) to probe the Capital Development Authority (CDA)’s operation against their chambers.

They pleaded before the court that the lawyers were being targeted deliberately, adding that it was attempted to arrest them on gate.

Justice Farooq said that if the lawyer organisations itself demonstrate responsibility then the other lawyers wouldn’t face problems. This incident was a tragedy for black coat and judges, he said.

The court asked the bar representatives to point out the lawyers involved in IHC attack if they were sincere to take the matter to its logical end and bring the courts on routine.

The court noted that the CCTV cameras were not functional on that day.

The lawyers said that they were neither provided verified copies of FIRs not they were given the rights of bail.

The lawyers submitted that the police was raiding the houses of lawyers in the name of the honorable court.

Meanwhile, Justice Fiaz Ahmed Jandran heard the case against two lawyer included Kulsoom Rafiq and Kamran Yousaf.

The two lawyers sought time for filling of their comments in contempt of court case. However, Justice Tariq Mehmood Jahangiri again served notices to Khalid Mehmood Advocate. His lawyer informed the court that his client was an employee of PEMRA and had no connection with the incident. The police had arrested him due to the confusion of same names.

Justice Baber Sattar heard the case against four lawyers including Tasaduq Haneef. Joint secretary IHCBA appeared before the court and submitted that he would contest the case.
 
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