KARACHI: Contempt action against Imran Khan is top trend in media and manner adopted during proceeding by Chief Justice Islamabad High Court Athar Minallah hit by code of conduct and it demands him to decline and leave bench forthwith.

Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia with a

heavy heart observed that Imran Khan is an individual facing contempt proceeding under suo motto action taken by High Court but media has painted a picture in mind of public that culprit will be saved at cost of dignity of court.

He said that to save dignity and independence of Judiciary from any stigma Justice Minallah should decline to be a member of Larger Bench otherwise irreparable loss will be caused to judicial system.

Popularity of any person cannot be taken into consideration in a judicial system because Justice must be done even if heaven may fall.

He said as per practice it is decision of culprit to ask for judicial review but here Court is persuading Imran Khan to review his statement within 7 days. We are not in favour of contempt laws but Imran Khan’s contemptuous behavior in courtroom and his habit to pass contemptuous remarks against judges warrants that in this matter even after submitting an unconditional and unqualified apology or playing through baseless explanation he deserves no concession except punishment.

Under Article II and IV of code of conduct, justice must be dispensed with preserving complete detachment for formation of a correct conclusion but in this matter, social media has painted an ugly picture therefore Chief Justice must decline resolutely to act in a case involving his own interest, including his personal regard for culprits. He said it is duty of judge that he must avoid all possibilities of his opinion or action, in any case, being swayed by any consideration of personal advantage, either direct or indirect. It is necessary to ensure that justice is not only done but is also seen to be done. Court must be aware that when Supreme Court took notice and issued a Show Cause notice, Munir A Malik was Attorney General and Hamid Khan was Imran’s lawyer both belonging to same group and former Chief Justice of Pakistan Ch. Iftikhar was under their obligations and subsequently another bench accepted Imran Khan’s explanation of ‘Sharamnak’ and discharged notice without any justifications and submission of unconditional apology.  Now same scene is being tried by appointing Munir A Malik as a friend of court on Hamid Khan’s suggestion. Hope now picture is clear therefore Chief Justice Minallah must step down and nominate any other judge to deal with matter as per law and constitution, he concluded.

Published in The Daily National Courier, September, 05 2022

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