Daily Times

ISLAMABAD: Chief Justice of Pakistan Anwar Zaheer Jamali on Wednesday took suo-moto notice over the ongoing scuffle between Federal Ombudsperson for Protection against Harassment of Women at Workplace and senior judge of Lahore High Court (LHC).

The top court while fixing the date of hearing on May 17, issued notices to federal ombudsperson Yasmeen Abbasi and Attorney General of Pakistan. The apex court also directed the federal ombudsperson and AGP to appear in-person before the court on first date of hearing of the suo-moto notice.

The suo-moto notice is taken under Article 184(3) of the Constitution on reports of print media wherein it was stated that the Federal Ombudsperson for protection against Harassment of Women at Workplace Yasmin Abbasi issued arrest warrant of senior judge of the LHC Justice Syed Mansoor Ali Shah one day after she tendered an unconditional apology to the judge for her contemptuous conduct.

Justice Shah had initiated contempt proceedings against the ombudsperson with issuance of her arrest warrant after she refused to appear before the court.

On May 12, the ombudsperson appeared before the judge in a hearing of contempt petitions filed by Salim Baig and Khurram Baig against her. The petitions had submitted that the LHC had stopped proceedings of sexual harassment pending with the Federal Ombudsperson against them on 3 November 2015. But the ombudsperson violated the orders by continuing proceedings and issuing orders on 6 November 2015, despite updating her of the court’s restraining orders, they added.

During the course of hearing Ombudsperson Yasmin Abbasi had tendered her unconditional apology after which Justice Mansoor Shah had accepted her apology and discharged the contempt proceedings and arrest warrant issued against her.

Justice Mansoor Shah while deciding the case observed that no such unfortunate incident will be repeated again and ombudsperson will act in accordance with law and render highest respect to the constitutional courts at all times.

“The respondent has thrown herself at the mercy of the court and submitted her unconditional apology,” Justice Mansoor Shah stated in the order adding that all sub-constitutional courts/tribunals are subordinate to the constitutional courts.

“It is also pointed out that power of contempt enjoyed by the federal Ombudsman under the Act is a sub-constitutional power and cannot be exercised against the constitutional courts,” the order added.

However, the ombudsperson soon after a day held proceedings on show-cause notice issued to Justice Shah requiring his appearance on May 10.

The ombudsperson ordered that the high court judge acted in utter violation of Supreme Court’s order that enjoined the avoidance of unpleasant situation. “Resultantly the contempt notice issued on May 10, 2016 to Justice Syed Mansoor Ali Shah for his appearance needs compliance as per law,” her order stated.

“Let the bailable warrant of arrest be issued against Syed Mansoor Ali Shah, judge of Lahore High Court, for his appearance before office of Federal Ombudsman for Protection against Harassment of Women at Workplace on May 13, 2016 with a direction to the Inspector General of Police, Punjab, to ensure Syed Mansoor Ali Shah’s appearance before the Office of Ombudsman,” the order further stated.

In her order, the ombudsperson also expressed that during the in-camera proceedings before the LHC judge, the dignity of the office of the federal ombudsman was greatly compromised and her institution was undermined in an unprecedented manner up till now unknown to the judicial history of the country.

Ombudsperson also said that she did not tender any unconditional apology to the judge but she was made to sign a statement prepared by the attorney general under an atmosphere of extreme pressure.