IHC issues fresh contempt notice to Firdous after accepting apology in another

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ISLAMABAD: The Islamabad High Court (IHC) on Friday accepted Special Assistant to PM on Information and Broadcasting Firdous Ashiq Awan’s apology in contempt of court notice and issued her a fresh contempt notice for making a statement regarding a pending criminal proceeding.

The court had earlier reserved its verdict in the case.

During the hearing, presided over by IHC Chief Justice Justice Athar Minallah, Awan had tendered an unconditional apology for “scandalising the judiciary”, which the high court later accepted.

On Wednesday, an IHC bench had issued a contempt of court notice to Awan for “criticising the institution of the judiciary”.

The show-cause notice, issued under Section 3 of Contempt of Court Ordinance 2003, had said that Awan maligned the IHC while saying that hearing of a petition on the release of former prime minister Nawaz Sharif was “a special dispensation”.

The court directed Awan to appear in person on Nov 1 at 9:00 am to explain as to why she should not be proceeded under the contempt law.

In Friday’s proceedings, Justice Minallah told Awan that she had committed contempt of court on two counts — for ridiculing the court for entertaining the case as a “special dispensation” and for trying to influence a pending proceeding of the court related to the bail petition for Nawaz.

To which, Awan assured the court that she would be “extremely careful in the future” and placed herself at the mercy of the court.

The IHC chief justice remarked that Prime Minister Imran Khan had fought for the rule of law, adding that he was sure that the premier had never instructed her to use such language against the courts.

After accepting her apology in the first notice, the court issued Awan a fresh contempt notice and directed her to “satisfy” the court that her press conference was not intended to influence a pending court proceeding.

“[We] cannot overlook matters when the principles of a fair trial are opposed,” remarked Justice Minallah.

The IHC sought her reply by Monday. Additionally, the court directed Awan to appear before the court on Nov 5. Awan requested that the proceedings be adjourned till after Tuesday due to a cabinet meeting; however, the court rejected the request and said that as it is a criminal proceeding, her appearance is mandatory.

THE CASE:

The notice, issue to Awan, had observed that the special assistant to the PM, while holding a press conference on Oct 26, had “criticised the judiciary” and stated that bail granting the order to Nawaz Sharif will “open a floodgate of similar requests by prisoners suffering from various diseases”.

On Oct 26, PML-N President Shehbaz Sharif had filed a petition in IHC, requesting the court to hear the bail plea sooner than Oct 29 owing to Nawaz’s “extremely critical condition”. After the hearing, which went into the evening, the court had granted Nawaz bail on medical grounds until Oct 29.

Awan, while holding a presser following the bail, had said the government would want to see such speedy trials for all the under-trial prisoners and in all cases. “We hope this new trend will be applicable to all cases,” she had said.

The special assistant had also remarked that there was no precedent in the past that the executive was asked to take responsibility for the health of a prisoner, referring to the judges’ questions during Saturday’s hearing. “We are not responsible for his old ailments, including blood pressure and cardiac issues.”

The following day, Awan was served the notice.