ISLAMABAD - The Islamabad High Court (IHC) Tuesday issued arrest warrants of Deputy Commissioner Islamabad Irfan Nawaz Memon for defying the court orders.
A single bench of IHC comprising Justice Babar Sattar issued the directions while hearing a contempt of court case against Deputy Commissioner (DC) Irfan Nawaz Memon and others due to the prolonged detention of PTI leader Shehryar Khan Afridi and Shandana Gulzar under the Maintenance of Public Order (MPO) Ordinance. During the hearing, Raja Rizwan Abbas Advocate, the counsel for Irfan Nawaz Memon, informed the court at the outset that Irfan Nawaz Memon was not present before the court as he had received directions from his mother that he must receive them at his ancestral home for their onward journey to Saudi Arabia on 22.02.2024, which is why he had no option but to leave for Khairpur.
Justice Babar said in his written order, “Let non-bailable arrest warrants be issued for the production of Deputy Commissioner, Islamabad Capital Territory, Irfan Nawaz Memon, before this court on Wednesday at 9am.” “The arrest warrants will be executed by the Inspector General of Police, Islamabad, the Inspector Generals of Police for any of the provinces and territories of Pakistan in whose jurisdiction Irfan Nawaz Memon is found, and DG FIA if the respondent is found at an airport, seaport or border-crossing. He shall be produced before the court at tomorrow at 9:00 am,” directed the judge. He further said that let the Ministry of Interior and DG Passports also ensure that the name of Irfan Nawaz Memon is placed on the Exit Control List (ECL) so that he is unable to leave the territorial jurisdiction of Pakistan.
The bench stated that Irfan Nawaz Memon is an accused in a matter that is being tried by this Court on a day-to-day basis and the order sheet reflects that while the show cause notice was issued to Irfan Nawaz Memon on 15.08.2023, the proceedings in the matter have suffered delays to accommodate the respondents and the convenience of their learned counsels. It mentioned that his counsel had informed the court on a previous hearing that the said respondent wished to proceed for Umrah on 22.02.2024 and was advised that the trial will hopefully be concluded before then. On 19.02.2024 respondent No.1 sought exemption from personal appearance at the hearing today but this Court did not grant exemption from personal appearance as the matter was fixed today for final arguments.
The bench said that it is inexplicable how, despite the denial of exemption from personal appearance, the Deputy Commissioner could choose to defy the order of this Court and choose not to appear before the Court today even though the matter was fixed for final arguments and the time for hearing was fixed at 02:30 pm on the request of the learned counsels for the parties to suit their convenience. The court observed, “Given that the petitioner has already been issued show cause notice and a charge has been framed he was under an obligation to appear personally before this Court. The petitioner was before the Court yesterday i.e. 19.02.2024 and it was in his presence that he was informed that his request for being granted exemption from appearance before the Court at the hearing today is not being allowed.” “His refusal to abide by the order of this Court and skip the hearing today without any plausible explanation, prima facie, constitutes contumacious contempt of the order of this Court to appear in person today and appears to be aimed at delaying the adjudication of the matter and frustrating the proceedings from being concluded.