Islamabad: Justice Sardar Ejaz Ishaq Khan of Islamabad High Court (IHC) has remarked had judge of high court not transferred meeting with Imran Khan cases then it would have been a criminal contempt of court.
He further remarked you cannot stop prisoner from meeting counsel. Superintendent should have given affidavit that Imran Khan has said Mashal Yousafzai is not his counsel. When counsel says he is counsel then his plea cannot be rejected. If other side says he is not counsel then you should ask from client. Today the matter of transfer of case is before the court. This proceeding is not aimed at putting the court to shame. I always say judge is held accountable by public. It does not take place some where else. I don't want to leave unpleasant thing for me and for my colleagues. Now the question is this too state stands where in these cases. Question is this too if the constitution of larger bench is legal or otherwise. When hearing will take place in larger bench then see it if it is legal proceedings or otherwise.
He gave these remarks during hearing of contempt of court case against deputy registrar in IHC Thursday.
The court had sought reply from deputy registrar and advocate general.
Mashal Yousafzai came on rostrum during the hearing of the case.
Advocate General (AG) Islamabad objected that her case is not fixed and she should be asked to move away from rostrum.
Justice Sardar Ejaz directed Mashal Yousafzai to sit on her seat.
Advocate General told the court advocate Niaz Ullah said yesterday Mashal Yousafzai is not counsel for PTI founder.
The court remarked can any case be transferred from one bench to other court.
Advocate General (AG) replied dispute began" is Mashal counsel for PTI founder or otherwise.
Justice Sardar Ejaz remarked judicial commission was sent to ascertain this. You cannot stop any prisoner from meeting counsel. Superintendent should have given statement that PTI founder said Mashal is not his counsel.
AG took the plea superintendent jail requested to club the cases.
Justice Sardar Ejaz said giving notice is imperative for transferring the case. Was notice given to other parties. You should read the law that law says what in regard to transfer of case. Registrar office had raised objection this petition cannot be given.
The court said under which legal point this petition came , it cannot be given under it. The petitioner has not stressed on plea. But plea was accepted. This proceeding is not aimed at putting the high court to shame further.
Justice Sardar Ejaz Khan inquired will you give arguments on the contempt of court plea fixed in this court.
Mashal Yousafzai said 7 hearing of the contempt of court case have taken place. Every time wrong statements were given. Every time it was said there is nothing in the case. You are hitting head on wall.
Justice Sardar Ejaz said today the matter of transfer of case is before the court. A final judgment has to be written on this matter. I will write how there is no room for transferring the case in the law. Had this not been done by a judge then it would have been criminal contempt of court.
The court while moving to AG said we don't want to keep you in difficult position. AG sahb you have to satisfy the court on court's questions.
Former AG Jahangir Jadoon came on rostrum.
He said his basic question is this can advocate general office defend deputy registrar. AG is representative of federation. He cannot represent deputy registrar. Only prosecutor general office can defend deputy registrar.
The court inquired now the question is this too state is standing where in these cases. Question is this constitution of larger bench is legal or otherwise. The judicial proceedings of larger bench is legal or not. Today there will be hearing in larger bench and then we will see it is legal proceeding or otherwise.
Shoaib Shaheen advocate invited attention to the order regarding constitution of larger bench. It is said in the order office objections have been removed.
Court said yes, such is written in the order. But no reason was given about removing the objections.
The court directed deputy registrar should bring high court rules on next hearing under which chief justice can issue order on the petition without removing objections. Bring those rules too under which chief justice can take back case pending hearing in the court.
Justice Sardar Ejaz Ishaq said AG Sahb you have to adopt a clear stance before larger bench. It cannot be done that you adopt a conflicting stance on returning to this court.
The court adjourned hearing of the case after Eid ul Fitr.