KARACHI: Three members bench headed by Umer Ata Bandial Chief Justice of Supreme Court of Pakistan rewriting Constitution committed grave miscarriage of justice and took U-turn when allowed attorney to appear in criminal matter. It is criminal MA No.641 of 2023 in criminal petition No.519 of 2023 and application is for exemption of filing of petition through special attorney in matter of arrest of Imran Khan from premises of Islamabad High Court.

Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia (TTA) commenting on this move said every day we are noticing Court is neither observing Constitution nor procedure for administration of criminal justice. There is number of cases including rewriting Constitution and formation of bench comprising like-minded staff.

He urged that suo motto review must be taken and correct legal proceedings. Rest of contents of judgment needs no discussion as proceeding by special power of attorney is illegal. Para-4 of order is conclusive proof of violation of law and procedure. Para-4 says that miscellaneous application has been moved by counsel for Imran Khan under order 33 rule-6 of Supreme Court Rule 1980 seeking leave of court to hear attached criminal petition file through special power of attorney. Supreme Court allowed this application and accordingly, case was registered which is prima facie, illegal and void.

Hashmat Habib said that on May 9 Imran Khan’s arrest was due to strength of warrant and police custody but under garb of access to justice and process (Article 10-A), it was considered an attack on dignity and safety of High Court.

According to him Supreme Court Bench in novel way intervened to declare it illegal instead of granting bail and on other hand Islamabad High Court initiated contempt proceedings. He said that bail in any criminal proceedings cannot be taken through special power of attorney as this legal position is known to even by magistrate.

Published in The Daily National Courier, July, 12 2023

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