ORDER SHEET

Form No: HCJD/C-121

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD JUDICIAL DEPARTMENT Writ Petition No. 3895 of 2019 Khalid Mehmood Khan

Vs

Ghulam Sarwar Khan, etc.

S. No. of Date of order/ order/ proceedings proceedings

Order with signature of Judge and that of parties or counsel where necessary.

01.

M/s Jehagir Khan Jadoon, M. Arshad Jadoon and Shaista Tabassum, Advocates for the petitioner.

11-11-2019.

It is alleged that respondent no.1 namely, Ghulam

Sarwar

Khan

has

made

public

statements whereby impression was given that the medical reports submitted by the Medical Board constituted by the Government of Punjab, which also included medical specialists from institutions

controlled

by

the

Federal

Government, were manipulated. A responsible Member of the Federal Cabinet was thus allegedly suggesting that this Court was mislead by false and manipulated medical reports of the officially appointed Medical Board.

Contempt

proceedings are pending against the Special Assistant to the Prime Minister relating to statements made by her while giving briefing to the press/media in an official capacity after the meeting

of

the

Federal

Cabinet.

Such

statements by responsible Members of the

2.

W.P Non 3895/2019

Federal Cabinet, prima facie, tantamount to prejudicing the proceedings pending before this Court besides undermining public confidence in the institutions including the Judiciary. It is alarming because when Members of the Federal Cabinet give the impression of a purported deal then either it is intended to prejudice pending judicial proceedings or indict the Government itself. This indeed has consequences in the context

of

public

confidence

in

the

administration of justice.

2.

It is noted that public confidence is the

foundation

of

a

strong,

effective

and

independent judiciary. The Courts do not fear criticism nor discourage it by exercising powers of

contempt.

But

prejudicing

pending

proceedings and right to fair trial of an accused cannot be ignored because it tantamount to obstruction of justice and undermines public confidence in the system. It is the duty of the Courts to safeguard the sanctity of judicial proceedings and right to a fair trial of every litigant regardless of the nature of crime. It is obviously least expected from a Member of the Federal Cabinet to make public statements which tend to, prima facie, influence pending proceedings and undermines public confidence in the administration of Justice. The allegations against respondent no.1 are of a serious nature because it raises serious concerns regarding

3.

W.P Non 3895/2019

medical reports of the Medical Board and on the basis whereof interim orders have passed by this Court.

3.

Dr. Firdous Ashiq Awan, Special Assistant

to the Prime Minister of Pakistan who was present in the Court has stated that no such statement has been made by any Member of the Federal Cabinet let alone respondent no.1.

However, she has sought time to place on record transcripts of the alleged assertions made by respondent no.1.

4.

Keeping in view the nature of allegations

made in this petition, it is treated as having been

filed

under

the

Contempt

of

Court

Ordinance, 2003. The office is directed to issue notices to respondents no.1 to 3. The Pakistan Electronic Medial Regulatory Authority and the TV channel “Hum� are directed to submit recording of the program referred to in the petition along with its transcripts before the next date fixed. Respondent no.1 is directed to appear in person and explain why show cause notice may not be issued for criminal contempt under the Contempt of Court Ordinance, 2003.

5.

The office is directed to send copies of this

order to respondents no. 1 to 3 through special messenger.

4.

6.

W.P Non 3895/2019

Relist the petition on 14.11.2019. The

petition will be taken up at 9.30 a.m.

Saeed.

CHIEF JUSTICE