TERENCE J SIGAMONY

ISLAMABAD: Dismissing the apology of Islamabad administration and police officials in a contempt case regarding manhandling of former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, the Supreme Court on Monday said that it would decide the matter on merit.

Justice Asif Saeed Khan Khosa heading a five-judge bench, which heard contempt case, said the chapter of apology of the accused is closed as they have accepted the facts of the case, adding therefore they now would decide the case on merit. He said that in Nehal Hashmi case, although the accused had tendered unconditional apology yet he was sentenced one month imprisonment.

Islamabad district administration and police on March 13, 2007 roughed up ex-CJP Iftikhar Muhammad Chaudhry when he refused to ride an official car and attempted to march towards the Supreme Court to attend the Supreme Judicial Council (SJC) proceedings.

Justice Gulzar Ahmed, another member of the bench, said the ex-CJP was manhandled and maltreated by the police, which was a condemnable act. He questioned if any sort of apology in this case can be accepted. “How a policeman can touch a judge, and what authority he had to maltreat him (ex-CJP).”

He questioned if he (Justice Iftikhar) was a convict. “We can’t allow this thing to happen to the judges. The police violated the dignity of the top judge of this court,” he added.

Justice Gulzar asked if he (ex-CJP) was restrained from going out of his house. He said when the court took suo moto notice then the police officials tendered apology.

The 11 officers including former Islamabad commissioner, ex-IGP Chaudhry Iftikhar, ex-DIG Islamabad Shahid Nadeem Baloch, ex-SSP Islamabad Capt Zafar Iqbal Awan (retd) and ex-DSP Jamil Hashmi, former Deputy Commissioner Chaudhry Muhammad Ali, former Commissioner Islamabad Khalid Pervez, Rukhsar Mehdi, Seraj Khan and others were issued contempt notices.

The officers have tendered unconditional apology for the contempt of court pertaining to manhandling of former Chief Justice Iftikhar Muhammad Chaudhry.

Chaudhry Muhammad Ali and Khalid Pervez have served 15 days in prison while Rukhsar Mehdi and Jamil Hashmi served the sentence till rising of the court.

During the proceedings, the counsels of the accused contended that they decided not to contest and, therefore, had tendered unconditional apology long time ago.

Advocate Ibrahim Satti, representing ex-DSP Jamil Hashmi, argued that his client was not present at the site where this incident had taken place. He was posted somewhere else, he added.

Satti complained that the court did not take action against the general (Musharraf) who had kept former Justice Iftikhar Muhammad Chaudhry hostage at the Army House for five hours. Justice Gulzar said they would take up that matter as well when it would come before them. Satti argued that the court would have to see what kind of contempt was committed by the accused as at that time Chief Justice Iftikhar Chaudhry was suspended and he was not coming to the apex court for performing official functions. Justice Chaudhry was coming to the Supreme Court for attending the SJC proceedings, he emphasized. Hashmi’s counsel concluded arguments on Monday and lawyers of other accused would present their cases on Tuesday (today).