IHC moved to seek details of ‘case’ against SHC CJ

ISLAMABAD - A petition has been filed in the Islamabad High Court to seek details of a ‘case’ registered against Sindh High Court Chief Justice Ahmed Ali Sheikh in 1982 for allegedly burning the national flag.

Inamur Raheem advocate moved the petition making the SHC registrar, the Supreme Court registrar and the Pakistan Bar Council secretary respondents.

The petitioner contended he was shocked to read a news item in the print media that a case was registered against Justice Sheikh back in 1982 at the Larkana police station for burning the national flag, on account of which he remained behind bars for about 10 months.

The petitioner said that in order to determine the veracity of the report, he submitted a written request to the SHC registrar under the right to information law, seeking the information about the case.

According to the petitioner, he asked the SHC registrar whether the case dated August 16, 1982, was ever registered against Justice Sheikh at Larkana police station, whether he remained behind bars in the said case, whether he was acquitted, whether any other case was registered against him prior to his elevation as a judge of the high court and , if so, whether he revealed registration of the criminal case at the time of his elevation as the SHC chief justice in his personal documents/affidavit.

The petitioner stated that after getting no response from the SHC registrar office, he wrote to the Supreme Court registrar to obtain the same information with a request to apprise him of the mechanism and procedure being followed for the appointments of judges in the superior courts and the role of intelligence agencies in this regard.

After receiving no response from the Supreme Court registrar office, he sought the information from the Pakistan Bar Council secretary, he said.

The petitioner affirmed that to date the requisite information has not been furnished by any quarters, which speaks volumes of malice on the part of the hierarchy, including both the registrars.

The petitioner contended the charges like burning the national flag and remaining behind bars for 10 months create an embarrassing situation for the SHC chief justice in performing his functions.

The petitioner maintained he intended to file a reference against Justice Sheikh under Article 209 of the Constitution.

The IHC issued directives to the respondents to provide the requisite information to him.

The petitioner also requested the court to direct the respondents to provide him with details of the mechanism/procedure adopted for the security clearance of judges at the time of elevation to the superior courts and also check how the agencies gave clearance in this particular case.

 

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