In a breaking development, Pakistan’s Woman Ombudsperson has moved a reference to President of Pakistan against an incumbent judge of Lahore High Court (LHC) seeking start of proceedings against the judge in Supreme Judicial Council, in terms of Clause 5 of Article 209 of Constitution of Pakistan 1973.
According to details, Federal Ombudsperson for Protection against Harassment, Yasmeen Abbasi has written a letter to Mamnoon Hussain in his capacity as Chairman SJC, requesting the president to initiate proceedings in the SJC against Justice Syed Mansoor Ali Shah in the light of Clause 5 of Article 209.
The said Article reads “If, on information from any source, the Council or the president is of the opinion that a Judge of the SC or of a High Court-
- may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
- may have been guilty of misconduct, the president shall direct the Council to, or the Council may, on its own motion, inquire into the matter.”
On Monday, Justice Mansoor Ali Shah of LHC had issued bailable warrants for arrest of Yasmeen Abbasi, for not appearing before LHC in a contempt of court petition.
Advocate Saleem Javed had filed the contempt petition seeking action against the ombudsperson for violating a stay order issued by the HC.
Counsel of the petitioner lawyer stated that a woman associate of his client had filed a complaint before the ombudsperson on the charges of harassment. However, he said, the LHC had stayed the proceedings on the complaint before the ombudsperson. He told the court that the ombudsperson ignored the stay order and continued proceedings on the complaint. The counsel sought action against the ombudsperson under the contempt of court law. He pointed out that the respondent also ignored court’s notices and had been avoiding her appearance.
On the other hand, in her letter to president, the ombudsperson cited the related provisions of Ombudsmen Institutional Reforms Act 2013, which provide that no court of law has any jurisdiction over the decisions of ombudspersons, and keeping these provisions in view, the LHC did not have mandate to hear in the first place, a complaint that was being heard by the ombudsperson, let alone staying the proceedings and issuing arrest warrants of the ombudsperson.
The letter reads that Justice Mansoor Ali Shah has knowingly violated the law and has acted in violation of the related provisions of law.
The one law, Protection Against Harassment of Women at the workplace, Act 2010, which is being effectively implemented in the country and people are getting fast relief from the Federal Ombudsperson, Yasmin Abassey's office, why do Lawyers use these delaying tactics to stop someone from getting justice. In case a person is wrongfully accused, he or she should try and prove it during the proceedings. Stopping the proceedings only show mal intentions in this case.
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