The Lahore High Court (LHC) on Monday issued a show cause notice to the Islamabad Inspector General (IG) of Police for contempt of court in a habeas petition filed for the production of former Punjab chief minister Pervaz Elahi.
As the proceedings resumed, Justice Muhammad Amjad Rafiq issued the show cause notice and directed the district and sessions judge to produce Elahi before the LHC tomorrow. The petition was filed by the Pakistan Tehreek-e-Insaf (PTI) president’s wife Qaisara Elahi seeking the court’s direction to the deputy inspector general (DIG) investigations to produce her husband before the LHC. It also sought the ex-minister’s release if found that he had been kept in ‘unlawful custody’ and requested the high court to direct the home secretary and IG Punjab to take strict action against the DIG investigations over the unlawful act.
Earlier, Justice Rafiq directed the IGP, DIGs investigations and operations, CCPO Lahore, SP Model Town Division and SP security LHC to appear in person at 2pm.
Separately, the judge warned of issuing a notice or a show cause notice to DIGs investigations Imran Kishwar and operations Ali Nasir Rizvi in a contempt plea against them for arresting Elahi despite court orders.
The plea was filed by the Pakistan Tehreek-e-Insaf (PTI) president’s wife Qaisara Elahi, seeking contempt proceedings against the DIGs for allegedly disobeying LHC’s order restraining the National Accountability Bureau (NAB), or any other authority, agency and office from arresting or detaining Parvez Elahi.
As the proceeding for the contempt plea commenced, the petitioner’s counsel Tahir Nasrullah Warraich argued that there were hundreds of cops either in police uniforms or plain clothes who had “forcefully taken Elahi” despite the court’s order.
To this, Justice Rafiq inquired if the officials were informed about the order. Advocate Warraich informed the court that their efforts to “protect Elahi bore no fruit”, adding that DIG Kishwar had signalled the official to arrest Elahi. After hearing arguments, Justice Rafiq directed DIGs operations and investigations to appear before the court at 10am and adjourned the hearing till then. As the proceedings resumed, the DIGs failed to appear before the court or submit their response. However, an official appearing on their behalf informed the court that the DIGs were out of the province on ‘a special mission’. He requested the court for time to comply with its order.
“Both the officials are out of the city?” questioned Justice Rafiq, adding that there are two types of notices in a contempt proceeding. “One is called a notice and the other is a show cause notice, and charges are framed after the latter is issued,” he observed.
Subsequently, the judge directed the concerned ASP to inform the court if the DIGs would be appearing before the LHC during the day or not and adjourned the hearing till 11am. Meanwhile, Justice Rafiq presided over a habeas petition filed by Qaisara Elahi and directed IGP Punjab, DIGs investigations and operations, CCPO Lahore, SP Model Town Division and SP security LHC to appear in person at 11am.
As the hearing resumed for the second time, the concerned officials failed to appear before the court or submit any response again.
However, DIG Security Kamran Adil appeared before the court and contended that “there is a confusion pertaining to court orders on which officials have been directed to appear in person.” In his remarks, Justice Rafiq repeated the order and said that the concerned officials were directed to appear before the court at 2pm and inform whether DIGs Kishwar and Rizvi will appear in person in the contempt petition. Subsequently, he adjourned the hearing.