IHC dismisses Memon’s petition

*Suspended judge says his request to court registrar for documentary evidence went unanswered

IHC dismisses Memon’s petition


ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition of Additional District and Sessions Judge Pervezul Qadir Memon in which he requested to set aside his suspension over allegations of acquitting Axact case accused Shoaib Sheikh after getting Rs 5 million.

However, sources told Daily Times that Memon would take the final decision regarding challenging the order in Supreme Court after going through the IHC’s written judgement.

Memon was suspended by IHC Chief Justice Anwar Kasi on June 7. The office order mentioned that since the two members of DPC, Justice Shaukat Aziz Siddiqui and Justice Mohsin Akhtar Kiyani, have recommended the petitioner’s removal from service, the competent authority has decided to dispense with the inquiry proceedings.

However, while dismissing the petition, IHC Justice Amir Farooq ruled that the office order and show cause notice against Memon could not be challenged at this forum.

He directed the accused to face inquiry proceedings. He also ruled that the accused could move for departmental appeal in case any adverse decision comes against him after the inquiry.

Memon in 2016 had announced a judgement in a case of Shoaib Shiekh, against whom the case was registered at FIA Cyber Crime Circle Islamabad under Sections 419, 420, 468, 471, 473, 109, 34 of PPC and Section 4 of the Anti-Money Laundering Act, 2010, wherein the accused was acquitted.

In 2017, a DPC was held during which Memon’s promotion case was declined with the observation of one of the members that petitioner was involved in corrupt practice in the Axact case.

According to Memon, he pleaded his innocence before the DPC apprising the members that he had conducted thousands of cases, including high-profile ones and during his career, no complaint had ever been lodged against him.

He claimed that he asked the IHC registrar to provide relevant documentary evidence which provided the basis for issuance of the office order/show cause notice, but to no avail.

Memon had contended in his petition that the office order/show cause notice were issued in sheer violation of several provisions of the constitution as contained in Article 4, 9, 10A and 18.

Legal experts believed that a strong nexus of tout mafia was not only active in lower judiciary in Islamabad but also in IHC and they always remained present in courtroom.

IHC Bar Association President Arif Chaudhry said that there was discrimination in the ICT judiciary but it does not mean that judges like Memon should be encouraged or defended.

He, however, added that when there is any allegation the judge should be suspended until the final outcome of the inquiry. He lamented that bundles of references against judges of high courts were pending before the Supreme Judicial Council (SJC) but they were not suspended until the final disposal of the case.

He added that not only additional sessions judges but the references against IHC judges were also pending before the SJC.

 

 

Published in Daily Times, June 20th, 2017.

 

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