ISLAMABAD: The chief justice of the Islamabad High Court (IHC) on Thursday adjourned the hearing in the miscellaneous petition of Advocate Muhammad Azam Khan Sultanpuri till Friday, declaring that the court could neither stay the proceedings of the National Assembly Standing Committee on Education nor bar the media from publishing the CJ’s additional marks case.
The petitioner, in his miscellaneous petition, had prayed the court for deputing a bailiff for taking into custody the examination record in the case of Farah Hameed Dogar for awarding her additional marks, as the petitioner fears that the record could be tampered with.
He also prayed the court to stay proceedings of the NA standing committee on education as it is politicising the case and bar the media from covering the issue as it has given hype to the case.
Meanwhile, Legal Adviser to the Federal Board of Intermediate and Secondary Education (FBISE) Agha Tariq told the court that the record is not tapered with and the additional marks given to the chief justice’s daughter are on record.
Earlier, Tehrik Falah-e-Pakistan president Azam Khan Sultanpuri had filed a writ petition before the IHC, praying for declaring the marks awarded to Farah Hameed Dogar, daughter of Chief Justice Abdul Hameed Dogar, as without lawful authority and of no legal effect.
As per details of the main petition in this case, the petitioner has contended that according to the reports published in the newspapers, the chief justice’s daughter had been awarded 21 additional marks, ignoring all the rules and regulations in this regard. It is, therefore, essential in the interest of the justice to strike down marks awarded to the candidate.
The petitioner has made the FBISE through its secretary, board’s present chairperson and former chairman Commodore (retd) Shamshad as respondents in this case. The petitioner has further prayed to the court that the respondents and all other functionaries be restrained to interfere in the matter till the final disposal of the case while the relevant record be summoned and be ordered to be placed in sealed cover.
Meanwhile, an IHC division bench commuted the sentence of two drug traffickers from 25 years (life imprisonment) to 14 years. Humayun Khan and Habibullah were arrested for their involvement in the drug trafficking case. An amount of 160kg poppy heads was recovered from Humayun Khan and 18kg charas was recovered form the possession of the Habibullah. The lower trial court had awarded life term to both.
Earlier, the Supreme Court on Thursday stayed the proceedings of the National Assembly standing committee on education, which had initiated an investigation into the case of Farah Hameed Dogar, daughter of Chief Justice Abdul Hameed Dogar.
Justice Zawar Hussan Jaffery, judge of the Supreme Court, while hearing a petition in his chamber, filed by the former deputy attorney-general, issued the stay order, restraining the National Assembly standing committee on education through its chairman from taking any action or holding any proceedings in the case of Farah Hameed Dogar till the disposal of the matter by the court.
It was prayed that the National Assembly standing committee on education through its chairman be impleaded as party and the said committee and all other forums should be restrained from taking any action or holding proceedings whatsoever till the disposal of the matter by the apex court as well as the Islamabad High Court.
The court issued notices to the Federal Board of Education, The News and the NA Standing Committee on Education, and adjourned the hearing for date-in office. Comdr (retd) Shamshad, former chairman of the Federal Board of Intermediate and Secondary Education, Islamabad, had filed a civil petition (CPLA) under Article 185(3) of the Constitution in the apex court through Raja Abdur Rehman, former deputy attorney-general, for granting leave to appeal against the refusal of the Islamabad High Court to entertain the petitions and prayed to set aside the IHC refusal.
The petitioner was respondent in the petition filed in the Islamabad High Court, by Muhammad Azam Khan Sultanpuri, president of the Tehrik Falah-e-Pakistan, who had prayed to declare that marks awarded to Farah Hameed, daughter of Chief Justice of Pakistan Abdul Hameed Dogar, and the exercise undertaken was without lawful authority and of no legal effect.
Earlier, two applications were filed in the Islamabad High Court (IHC) by Comdr (retd) Shamshad against its verbal refusal order of not entertaining the applications. In the first application, it was prayed that the NA standing committee on education chairman should be made a party and he should be restrained from politicising and scandalizing a judge of the Supreme Court, while in a second application, it was prayed for staying the proceedings of the NA standing committee as well as discussing the matter of daughter of the chief justice of Pakistan as the matter was sub judice.
Challenging the IHC order, Raja Abdur Rehman, while filing the civil petition in the Supreme Court, contended that the learned high court could not verbally refuse to entertain the applications for grant of interim relief and application under Order 1 Rule 10 CPC and to pass appropriate orders.
He further submitted that in view of the controversy raised in the main petition, it was incumbent upon the high court to have passed appropriate orders rather than refusing to entertain the applications.
It was further stated that once the matter is sub judice before the higher judiciary, no other authority or forum, including the NA standing committee on education has any jurisdiction, power or authority to entertain any dispute or to take proceedings in respect of the same matter and the actions of the (NA standing) committee are not only mala fide but also totally without jurisdiction.
Later, talking to reporters outside the Supreme Court, Raja Abdur Rehman, former deputy attorney-general, said earlier the court office placed some technical objections over the civil petition, however, later when he removed those objections, the petition was granted leave to appeal and heard by Justice Zawar Hussain Jaffery in his chamber, staying the proceedings of NA standing committee on education from investigating the matter of the daughter of Chief Justice Abdul Hameed Dogar.
Following is the text of order passed by Justice Zawar Hussain Jaffery.
O R D E R
Raja Abdul Rehman, ASC and Mr Arshad Ali Chaudhry, AOR, submit that office objections No (ii) to (viii) will be complied with during the course of the day and civil miscellaneous appeal as also civil miscellaneous application may be heard.
It is, inter alia, contended that the petitioner is respondent No 3 in Writ Petition No 1576/2008 titled as Tehrik Falah-e-Pakistan and another Vs. Federal Board of Intermediate and Secondary Education, Islamabad and others, was placed before the Islamabad High Court, Islamabad on 4.12.2008.
At the time of hearing of the said petition, the petitioner intended to file two applications under Order I Rule 10 CPC for seeking impleadment of the standing committee of the National Assembly on education and also for seeking restraining order for the said Committee for entertaining the proceedings.
It was prayed in the said applications that the said Committee be restrained from initiating any proceedings regarding inquiries in respect of the petitioner and other officials of the Federal Board of Intermediate and Secondary Education, Islamabad. Both the applications were not entertained by the office as well as by Islamabad High Court, Islamabad with the direction to seek impleadment and restrain the said Committee from taking any action or holding any proceedings whatsoever against the petitioner as well as other employees of the said Board.
It is further urged that the denial of hearing of said applications on the part of Islamabad High Court, Islamabad amounts to refusal of entertaining and resolving the grievance of the petitioner as no written order was passed on the said applications but it was orally announced in the Court that the said applications are not entertainable.
It is further contended that initiation of such proceedings by the Committee are without jurisdiction as (to propagate about) the conduct of any judge (which) cannot be questioned or discussed in the parliament as envisaged under Article 68 of the Constitution of the Islamic Republic of Pakistan. In support of his contention, he relied upon Syed Mansoor Ahsan and others Vs Ardeshir Cowasjee and others (PLD 1998 SC 823).
In view of the foregoing, Civil Miscellaneous Appeal is allowed and office objections are set aside.
C.M.A. No. 3407/2008
It is, inter alia, contended that matter is sub judice before the Islamabad High Court, Islamabad and the Standing Committee of the National Assembly for Education has no jurisdiction to entertain any dispute during pendency of the court proceedings. As respondent No 6 is a close relative of Mian Muhammad Nawaz Sharif, head of a political party and demonstrating the subject matter with political motivation in the said committee with a view to agitate the dispute against the petitioner and other officials of the said Board.
It was brought to the notice of the Chairman of the said Committee that the matter is sub judice before the Islamabad High Court, Islamabad, and the same may not be debated. Hence, their action in the matter is without jurisdiction and lawful authority and their action may be restrained.
In view of the foregoing reasons, respondent No 6 i.e. Standing Committee of National Assembly (Parliament) for Education and its members or any other forum are hereby restrained to initiate any proceedings or to hold inquiry against the petitioner and other officials of the Board till final decision by the Islamabad High Court. Issue notices to the respondents as well as Attorney General for Pakistan.
End.
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