ISLAMABAD, Feb 21 (Online): Islamabad High Court (IHC) has rejected unconditional apology of Deputy Commissioner (DC) Islamabad Irfan Nawaz Memon in contempt of court case besides restraining him from going abroad.
Justice Babar Sattar has remarked ” Mr Memon you did not know about the order of court. Will the benches be constituted on your will. Delay in this case was caused due to your lawyers. Give the reply to second show cause notice Monday. More MPO orders were issued on the source report of same nature despite court’s observation. We suspended their powers and then they stopped issuing MPO orders. Not only this bench but also other benches nullified about 40 MPO orders.
The contempt of court case against DC Islamabad Irfan Nawaz Memon, SSP operations and others came up for hearing before Justice Babar Sattar of IHC Wednesday.
DC Islamabad Irfan Nawaz Memon, SSP, operations Jamil Zafar, SP Farooq Buttar and prosecutor Qaisar Imam appeared in the court.
Justice Babar Sattar inquired from DC Islamabad ” Mr Memon did you not know about the order of the court.
Irfan Nawaz Memon said I cannot even think of disobeying court’s orders.
Justice Babar Sattar while addressing DC Islamabad said you issue 69 MPOs orders . Had they not parents. Were they not to proceed for Umrah. Will the benches be formed on your sweet will.
Raja Rizwan Abbasi counsel for DC Islamabad said if you are in angry mood then please hear the case after some time.
Justice Babar Sattar said I am not in angry mood. I am talking of law.
Justice Babar Sattar remarked you don’t know the case was delayed due to your lawyers. The court had issued order in December that we will decide the case by conducting hearing on day to day basis in January. It was delayed more due to you. Give reply till Monday to the second show cause notice issued to you.
DC Islamabad said I leave myself at the mercy of court. 18 hearing were held. I did not remain absent in any hearing.
Raja Rizwan Abbasi counsel for the DC Islamabad opened his arguments.
Reading the text of the indictment framed against DC Islamabad, Raja Rizwan Abbasi said this charge was leveled due to contempt of court.
Justice Babar Sattar remarked You committed a mistake last year. It seemed to me you might have realized it.
DC Irfan Nawaz said I have appeared in every hearing of the court.
Justice Babar Sattar remarked what was other option left with you except appearing in the court. This case is running only due to your conduct.
Justice Babar Sattar while addressing DC Islamabad said does it seem to you all is running as joke. You issued 67 MPO orders of 970 days detention. This was your big stupid action. You will have to face their consequences.
Rizwan Abbasi counsel for DC Islamabad said it is our request case be shifted to some other bench.
Justice Babar Sattar I am rejecting your plea. Give the arguments. Will the benches be constituted of your sweet will.
Rizwan Abbasi said what power was exercised by DC Islamabad was not contempt of court. The court had not stopped him from issuing MPO. The MPO was issued again after 3 months. DC Rawalpindi too had issued notification but Lahore High Court (LHC) did not initiate any contempt of court proceedings.
Justice Babar Sattar remarked smilingly You want action to be taken against DC Rawalpindi.
Raja Rizwan Abbasi said I don’t want action to be taken against any one. I am saying if contempt of court has been committed then it has been committed by DC Rawalpindi. 2 cases were registered against Shehryar Afridi before issuance of MPO.
Justice Babar Sattar remarked if others issued MPO then bail could not have been granted.
The counsel for DC Islamabad said there was extraordinary situation in the country after May 9.
Justice Babar Sattar remarked District Intelligence Committee did not tell DC Rawalpindi and told the DC Islamabad. The day he issued MPO, the DC Rawalpindi withdrew the MPO on the same day.
Contempt of court petition was pending in Lahore High Court (LHC) Rawalpindi bench against DC Rawalpindi.
The court remarked you are saying that representatives of MI, ISI and tripple one brigade were not saying to DC Rawalpindi. You are saying District Intelligence Committee said to DC Islamabad to issue MPO.
Counsel for DC Islamabad said there was fear of creation of law and order situation in GHQ Chowk Islamabad,
The court while addressing counsel for DC Islamabad remarked he had passed orders against whom on that day.
The court inquired DC issued how many MPOs after the nullification of one MPO. About more than 50 MPOs were issued by DCO.
Counsel Raja Rizwan Abbasi said PTI founder Imran Khan was arrested after his conviction in Toshakhana case. There was apprehension that law and order situation can be created.
Justice Babar Sattar remarked Supreme Court (SC) had issued orders for release of PTI founder.
Justice Babar Sattar remarked high court made 40 decisions and in all of them all benches said you cannot issue MPO this way.
Raja Rizwan Abbasi Counsel for DC Islamabad while reading out recent statement of Shehryar Afridi before court said Shehr Yar Afridi threatened police.
Justice Babar Sattar remarked IHC kept on nullifying MPO orders issued by DC Islamabad by declaring them illegal even then he kept on issuing MPO orders without understanding that his orders are wrong. You are talking of good intent.
Raja Rizwan Abbasi counsel for DC Islamabad completed his arguments.
Shah Khawar counsel for SP Operations Jamil Zafar opened his arguments.
SSP Jamil Zafar tendered unconditional apology.
Counsel for DC Islamabad requested the court to abolish the proceedings of contempt of court.
The court ordered to give reply to second show cause notice till Monday.
The court while rejecting the plea of DC Islamabad for unconditional apology stopped him from going abroad.
High court will announce decision of the case next week.
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