IHC orders interior ministry to put Islamabad DC on ECL

ISLAMABAD:  Islamabad High Court (IHC) judge Justice Babar Sattar has instructed the Interior Ministry to place Islamabad Deputy Commissioner Irfan Nawaz Memon on the Exit Control List (ECL) after his failure to appear before the court in a contempt of court case related to the unlawful detention of Pakistan Tehreek-e-Insaf leaders Shehryar Afridi and Shandana Gulzar under the Maintenance of Public Order (MPO).

According to a written verdict issued by the IHC, the counsel representing the Islamabad Deputy Commissioner informed the court at the commencement of the hearing that Memon was absent as he had received instructions from his mother to join her at their ancestral home for their journey to Saudi Arabia on February 22. Consequently, he had to depart for Khairpur.

The verdict said that Irfan Nawaz Memon is an accused in a matter that is being tried by the court on a day-to-day basis. “The order sheet reflects that while the show cause notice was issued to Irfan Nawaz Memon on August 15, 2023, the proceedings in the matter have suffered delays to accommodate the respondents and the convenience of their counsels. His counsel had informed the court on a previous hearing that the said respondent wished to proceed for Umrah on February 22 and was advised that the trial will hopefully be concluded before then.”

It said that on February 19, Memon sought exemption from personal appearance at the hearing today (Tuesday), however, this court did not grant exemption from personal appearance as the matter was fixed today for final arguments.

“It is inexplicable how, despite the denial of exemption from personal appearance, the deputy commissioner could choose to defy the order of this court and choose not to appear before the court today even though the matter was fixed for final arguments and the time for hearing was fixed at 02:30 pm on the request of the counsel for the parties to suit their convenience.  Let non-bailable arrest warrants be issued for the production of deputy commissioner, Islamabad Capital Territory, Irfan Nawaz Memon, before this court tomorrow i.e. February 21 at 9:00 am. The arrest warrants will be executed by the Inspector General of Police Islamabad, the Inspector Generals of Police for any of the provinces and territories of Pakistan in whose jurisdiction the respondent Irfan Nawaz Memon is found, and DG FIA if the respondent is found at an airport, seaport or border-crossing. He shall be produced before the court at tomorrow at 9:00 am,” the verdict said.

It further said: “Let the Ministry of Interior and DG Passports also ensure that the name of Irfan Nawaz Memon is placed on the exit control list (ECL) so that he is unable to leave the territorial jurisdiction of Pakistan. Given that the petitioner has already been issued show cause notice and a charge has been framed he was under an obligation to appear personally before this court. The petitioner was before the court yesterday and it was in his presence that he was informed that his request for being granted exemption from appearance before the court at the hearing today is not being allowed. His refusal to abide by the order of this court and skip the hearing today without any plausible explanation, prima facie, constitutes contumacious contempt of the order of this court to appear in person today and appears to be aimed at delaying the adjudication of the matter and frustrating the proceedings from being concluded. Let a show cause notice also be issued to him for why he should not be punished for such defiance and obstruction of justice under Sections 3,5 and 17 of the Contempt of Court Ordinance, 2003, read together with Article 204 of the Constitution. To come up for tomorrow i.e. February 21.”