ISLAMABAD: The Supreme Court on Tuesday reserved its verdict on a set of review pleas moved by seven former senior officials of the Islamabad Capital Territory (ICT) administration and police personnel convicted for roughing up former chief justice of Pakistan (CJP) Iftikhar Chaudhry on March 13, 2007.
A five-member larger bench headed by acting CJP Asif Saeed Khan Khosa, Justice Gulzar Ahmad, Justice Sheikh Azmat Saeed, Justice Mushir Alam and Justice Umar Ata Bandial, after hearing the counsels for the appellants and a deputy attorney general at length, reserved the verdict and directed the appellants to ensure their presence at the day the verdict will be announced. Appearing on notice, deputy attorney general said that it was up to the court to punish or acquit the accused of contempt.
The appeals were moved against the Nov 1, 2007, order of the Supreme Court which had sentenced ICT administration’s senior officials and police personnel for manhandling the then CJP Iftikhar Chaudhry in an attempt to prevent him from marching towards the top court to answer the allegations of misuse of office before the Supreme Judicial Council (SJC).
However, soon after the announcement of the verdict, the sentence was suspended for 15 days on the request of the convicts for filing appeals. Islamabad’s former chief commissioner Khalid Pervaiz and deputy commissioner Chaudhry Muhammad Ali were sentenced to imprisonment till rising of the court. Whereas former inspector general of police (IGP) Iftikhar Ahmad and senior superintendent of police (SSP) Zafar Iqbal were sentenced to 15 days in jail. Deputy Superintendent of Police (DSP) Jamil Hashmi, inspector Rukhsar Mehdi and assistant sub inspector (ASI) Muhammad Siraj were awarded one-month imprisonment.
Later, a 10-member larger bench of the top court barred the respective departments from taking any adverse action against the appellants till pendency of their appeals.
The counsels for other appellants requested the court to pardon their clients as they had tendered unconditional apology and left themselves at the mercy of the court. Justice Gulzar Ahmad then noted that the manhandling of the chief justice was witnessed across the globe. Justice Khosa observed that if one side is favoured then the other is discriminated against. He also observed that those who gave the orders for roughing up the chief justice have yet to be identified. He said how a chief justice could be made dysfunctional on the demand of then head of Military Intelligence (MI). He said the only body set up under the constitution for accountability of superior court judges including the chief justice was the SJC.
Justice Khosa observed that it was an unforgiving offence to breach the dignity of a judge. He noted that misbehaviour with judges could not be tolerated at any cost. He also noted that how manhandling of a judge could be tolerated when the constitution does not allow violating the self-esteem of even a common man.
Justice Gulzar Ahmad observed that manhandling of the then chief justice was not a pardonable offence. On a previous hearing of the case, CJP Mian Saqib Nisar had suggested senior counsel Sheikh Ehsanud Din to ask the former CJP whether he was willing to pardon the contemnors.
Subsequently, the counsel contacted the former chief justice and later apprised the court that Justice Chaudhry had communicated to him that he had nothing to do with the issue but it instead concerned with the prestige of the institution.
The CJP then had observed that the Supreme Court would then proceed in accordance with law and referred the matter to a five-judge bench, as the appeals in contempt cases are always heard by larger benches.
The ICT administration and police personnel on March 13, 2007, had roughed up then CJP Iftikhar Chaudhry when he refused to ride an official car and attempted to march towards the Supreme Court to attend the proceedings of presidential reference against him before the SJC.
It may be recalled here that during Mondays’ proceedings of the case, Raja Ibrahim Satti, counsel for one of the appellants, DSP Jamil Hashmi, who is now SP, demanded the apex court to also take a similar action against those who detained the former CJP Chaudhry for hours on March 9, 2007, in Rawalpindi.
He also produced before the court the affidavit of Justice Chaudhry which he had furnished before the SJC along with his original petition against former military ruler Gen (r) Pervez Musharraf.
Referring to the affidavit, the counsel pleaded the court to also initiate stern legal action against those who misbehaved with the former CJP. Justice Gulzar Ahmad, however, observed that the court was not seized with the matter of affidavit. The counsel then argued that the top army officers had also pressured Justice Chaudhry to resign, thus they also deserved strict legal action like that of the police officers and others.
Published in Daily Times, May 16th 2018.