IHC suspends sentence of DC, SSP in contempt case

ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Wednesday suspended the sentence of Deputy Commissioner Islamabad Irfan Nawaz Memon and SSP Malik Jamil Zafar in a contempt of court case.

IHC single member bench comprising Justice Babar Sattar had sentenced Memon to six months imprisonment, SSP Zafar to four months and Station SHO Margalla to two months imprisonment for flouting the court orders related to the release of PTI leader Sheharyar Afridi.

The single-member bench had suspended the sentence for a period of a month, to enable the officers to file appeal before the division bench.

IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb suspended the decision of the single-member bench.

In the verdict, Justice Sattar observed that “between May 9 and Nov 2 DC Irfan Memon issued some 69 detention orders in exercise of power under Section 3 of the Maintenance of Public Order (MPO)”.

The judge noted that “cumulative period of detention that he ordered against those on the receiving end exceeded 1,000 days. Over two dozen petitions were filed before the Islamabad High Court (IHC) challenging these orders. These cases were marked before seven out of the eight judges comprising IHC. Except for two cases, where detention orders were issued out of concern for sectarian violence, not one order detaining political workers on grounds of incitement of violence sustained judicial scrutiny.”

Justice Sattar found that “the manner in which the authority was exercised by the district magistrate in the instant matter was colorable and completely devoid of any rational basis aimed at achieving the objects of MPO i.e. to maintain public order or public safety”.

He further said that “in view of the record that was produced before the court, it is evident that the conduct of district magistrate/deputy commissioner constitutes a fraud on the statute and the Constitution and amounts to exercise of statutory authority in a manner that can be characterized as malice in law”.

The court also found that the impugned detention orders are ultra vires the Constitution and have been passed in breach of provisions of MPO and are coram non judice and without jurisdiction.

According to the order, the district magistrate is facing contempt of court proceedings for obstruction of justice and in order to uphold his right to fair trial and due process, it is essential for this court not to form a firm opinion with regard to his conduct and what inspired such conduct.

Justice Sattar stated that the court adopted due process for the trial of the contemnors and were also given ample opportunities of defence.

“While this court took judicial notice of the material brought on record by state authorities during the hearing of Shehryar Afridi, it also summoned the record keepers of public offices to once again produce the relevant record before the court,” the order stated.