SHC rejects plea for contempt proceedings against governor

Author: Yousaf Katpar

KARACHI: The Sindh High Court (SHC) rejected an application seeking initiation of contempt proceedings against Sindh Governor Muhammad Zubair and his principal secretary for appointing the pro-vice chancellor of the Dow University of Health Sciences (DUHS) as its acting vice chancellor in defiance of court orders.

A two-judge bench, headed by Justice Muhammad Iqbal Kalhoro, dismissed the contempt of court application filed by Prof Dr Masood Hameed Khan through which he sought contempt proceedings against the governor and his principal secretary.

On March 17, the Sindh governor had removed Dr Masood from the post of acting VC of the university and given the additional charge of the DUHS VC to Prof Dr Khawar Saeed Jamali.

Dr Masood was removed in September 2015, and since then no permanent VC had been appointed.

The applicant, through his counsel, submitted that the high court, in April 2016, had ordered a search committee to handpick a competent and qualified person from the candidates having required credentials for appointment as the DUHS VC.

The committee had been directed to consider the applications of all candidates on merit – with proper application of mind – and recommend the three most suitable candidates for approval, he added.

He said that the high court had ordered that after the completion of the process, the CM would forward his advice to the governor/chancellor and the entire process should be completed within 20 days without any delay.

However, he argued, the governor had deliberately flouted court orders by not appointing a permanent VC and gave additional charge to pro-VC Prof Dr Khawar Saeed Jamali, who he said was ineligible and incompetent for the post.

He requested the court to initiate contempt proceedings against the governor and his principal secretary.

Opposing the application, Additional Attorney General Salman Talibuddin contended that contempt proceedings could not be initiated against the governor since he enjoyed immunity under Article 148 of the constitution. He requested the court to reject the application.

Meanwhile, another bench directed the home secretary, the Sindh Police inspector general and the city police chief to submit their comments on a petition against the police for impounding vehicles carrying census staff.

The Bus Owners Association had petitioned the high court, submitting that the police had impounded 400 to 500 buses without any justification and compensation to bus owners.

The counsel for the petitioner said that bus owners had to bear heavy losses, as they were not being paid any compensation or fuel/repair charges. He said that shortage of buses was also taking a heavy toll on commuters.

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