ISLAMABAD, Feb 26 (APP): The Federal Constitutional Court on Thursday restrained the Islamabad High Court from initiating contempt of court proceedings against the Defence Secretary in a missing persons case, while also issuing a stay order against similar action involving the Interior Secretary, the Chief Commissioner, and the SHO of Golra Police Station.
A two-member bench headed by Chief Justice Ameenuddin Khan heard the appeals filed against the high court’s decision to proceed against the officials. The court admitted the appeals for regular hearing, issued notices to the parties, and adjourned further proceedings for an indefinite period.
During the hearing, Justice Baqar Najafi inquired on what basis action had been ordered against the officers and whether it had been determined that the missing person was in state custody.
The Additional Attorney General informed the court that there was no material on record to establish that the missing individual was in government custody. He submitted that the family of the missing citizen had filed an affidavit before the high court claiming he was in state custody, while the concerned officials had denied the allegation in their counter-affidavits.
The Additional Attorney General argued that the high court had ordered departmental proceedings against the officers in a habeas corpus case and subsequently initiated contempt proceedings for non-compliance. He contended that the high court could not have issued such directions in a habeas corpus matter.
On the other hand, counsel Munawar Dugal informed the court that the officers’ intra-court appeal had been dismissed by the high court as not maintainable.
It is pertinent to note that the Islamabad High Court had earlier ordered the release of citizen Sajid Rehman from alleged state custody and directed action against the concerned officials. Appeals against that order are currently pending before the Constitutional Court.