IHC dismisses contempt petition against President

ISLAMABAD - Islamabad High Court (IHC) Tuesday dismissed a contempt petition against President Pervez Musharraf and ten others for continuing the detention of top nuclear scientist Dr AQ Khan despite a recent court ruling that relaxed his captivity on Tuesday. Declaring the contempt petition as not maintainable, Chief Justice IHC Sardar Muhammad Aslam observed that President of Pakistan could not be made respondent in the legal challenge as he enjoys a constitutional protection in this regard. Justice Sardar Muhammad Aslam also pointed out that neither Iftikhar Rajput, the petitioner appeared before the court to press his grievance nor copy of any request made to the Interior Minister for facilitating the meeting between Rajput and Dr Khan was attached with the contempt plea. Rajput had moved IHC through Barrister Javed Iqbal Jaffery Advocate with the complaint that he was disallowed by the authorities to meet Dr Khan despite court ruling on July 21 that allowed father of country's nuclear programme to meet his friends and family members.   The court also asked Barrister Jaffery about the relationship between Iftikhar Rajput and AQ Khan. Chief Justice Sardar Muhammad Aslam assured the counsel that he would hear the plea of contempt if sister or any other close contact of Dr AQ Khan is refused a meeting with him. CJ Sardar Muhammad Aslam also regretted that a selected class of society was obliged through National Reconciliatory Ordinance (NRO) but the law did not pass any benefit to major portion of litigants. Talking to reporters after the hearing, Barrister Iqbal Jaffery said that he had asked President Musharraf to seek public apology till August 14 for ridiculing Dr AQ Khan and keeping him under continuous detention. "Otherwise I will file a case against him", he added.

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