ISLAMABAD - After continuous barrage of allegations from Pakistan Tehrik-e-Insaf (PTI), the Islamabad High Court (IHC) on Monday directed the counsel of former federal minister Fawad Chaudhary to inform the court after seeking instructions from his client as well as from the party leadership whether they have confidence in the judiciary.
A single bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions while hearing PTI leader Fawad’s petition wherein he asserted that due to political victimisation multiple criminal cases have been registered at the behest of the federal government merely to harass and intimidate him and other leaders/workers of PTI.
During the hearing, the counsels Faisal Fareed, Syed Muhammad Ali Bukhari advocates and others unequivocally stated that they repose confidence in the court. However, the judge said that it would be “appropriate if they seek instructions from the petitioners and the leadership of PTI.” The IHC bench also stated, “The counsels are, therefore, expected to inform the court on the date fixed, after seeking instructions, whether the petitioners and the PTI leadership repose confidence in the court to proceed with the petitions in hand.”
Justice Athar remarked that it appears from the public statements made by the petitioners and political leaders of PTI in public meetings that probably they have doubts regarding the independence and impartiality of the court.
He said, “They have repeatedly referred to opening of the august Supreme Court and this court on the 9th of April, 2022 as if it was an extra ordinary act.”
The IHC Chief Justice noted that it is a constitutional duty of a court and every judge to decide cases in accordance with law. However, simultaneously, it is also the duty of a court to ensure that justice is not only done, but is also seen to have been done. He added that in case there is doubt in the mind of a litigant regarding the independence and impartiality of a court or a judge, then justice cannot be seen to have been done. However, a doubt ought to be based on the basis of reasonable grounds.
Justice Athar said that the political narrative regarding events of the evening of 9th April, 2022 relating to the august Supreme Court or this court is not only misconceived but it appears that the petitioners and the political leadership have not been properly assisted.
Chief Justice Athar directs PTI counsel Fawad Ch to seek instructions from his clients and inform the court
He mentioned that this court in the case titled ‘The State vs Dr Firdous Ashiq Awan’ has highlighted the legal provisions and duty of a court to allow access to any aggrieved person to file a petition of an urgent nature at any time.
The IHC CJ continued that it was pursuant to duty that a constitutional petition i.e. W.P. No.4006 of 2014 was allowed late at night and vide order, dated 13-09-2014, several workers of PTI, arrested in case FIR No.330, dated 12-09-2014, were ordered to be released. “It is only in exceptional circumstances that petitions are entertained and appropriate orders are passed even after the notified timings of the Court. Nonetheless, neither the august Supreme Court nor this Court had held any proceedings nor orders were passed in the evening of 9th of April, 2022.”
He maintained, “Notwithstanding that no proceedings had caused any prejudice to the petitioners or the leadership of Pakistan Tehreek-e-Insaf, it is of utmost importance that they have trust and confidence in the independence and impartiality of the Court.
He pointed in the written order that the respondents have not filed reply/comments and the federal government is, therefore, directed to submit a report. Later, the court adjourned the hearing in the matter till May 12 for further proceedings while it also ordered that the protective bail and the injunctive orders are extended till the next date fixed.
A single bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions while hearing PTI leader Fawad’s petition wherein he asserted that due to political victimisation multiple criminal cases have been registered at the behest of the federal government merely to harass and intimidate him and other leaders/workers of PTI.
During the hearing, the counsels Faisal Fareed, Syed Muhammad Ali Bukhari advocates and others unequivocally stated that they repose confidence in the court. However, the judge said that it would be “appropriate if they seek instructions from the petitioners and the leadership of PTI.” The IHC bench also stated, “The counsels are, therefore, expected to inform the court on the date fixed, after seeking instructions, whether the petitioners and the PTI leadership repose confidence in the court to proceed with the petitions in hand.”
Justice Athar remarked that it appears from the public statements made by the petitioners and political leaders of PTI in public meetings that probably they have doubts regarding the independence and impartiality of the court.
He said, “They have repeatedly referred to opening of the august Supreme Court and this court on the 9th of April, 2022 as if it was an extra ordinary act.”
The IHC Chief Justice noted that it is a constitutional duty of a court and every judge to decide cases in accordance with law. However, simultaneously, it is also the duty of a court to ensure that justice is not only done, but is also seen to have been done. He added that in case there is doubt in the mind of a litigant regarding the independence and impartiality of a court or a judge, then justice cannot be seen to have been done. However, a doubt ought to be based on the basis of reasonable grounds.
Justice Athar said that the political narrative regarding events of the evening of 9th April, 2022 relating to the august Supreme Court or this court is not only misconceived but it appears that the petitioners and the political leadership have not been properly assisted.
Chief Justice Athar directs PTI counsel Fawad Ch to seek instructions from his clients and inform the court
He mentioned that this court in the case titled ‘The State vs Dr Firdous Ashiq Awan’ has highlighted the legal provisions and duty of a court to allow access to any aggrieved person to file a petition of an urgent nature at any time.
The IHC CJ continued that it was pursuant to duty that a constitutional petition i.e. W.P. No.4006 of 2014 was allowed late at night and vide order, dated 13-09-2014, several workers of PTI, arrested in case FIR No.330, dated 12-09-2014, were ordered to be released. “It is only in exceptional circumstances that petitions are entertained and appropriate orders are passed even after the notified timings of the Court. Nonetheless, neither the august Supreme Court nor this Court had held any proceedings nor orders were passed in the evening of 9th of April, 2022.”
He maintained, “Notwithstanding that no proceedings had caused any prejudice to the petitioners or the leadership of Pakistan Tehreek-e-Insaf, it is of utmost importance that they have trust and confidence in the independence and impartiality of the Court.
He pointed in the written order that the respondents have not filed reply/comments and the federal government is, therefore, directed to submit a report. Later, the court adjourned the hearing in the matter till May 12 for further proceedings while it also ordered that the protective bail and the injunctive orders are extended till the next date fixed.
