IHC CJ says judges can not be threatened

IHC orders Islamabad IGP to investigate the alleged torture of Mohsin Baig at the police station and present a report on February 21

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The Islamabad High Court (IHC) building. — IHC website/File
The Islamabad High Court (IHC) building. — IHC website/File

  • Chief Justice Athar Minallah says action could not be taken on requests for dismissal of cases by the accused’s wife or third party.
  • Directs district magistrate to inspect the Margalla police station, seeking an inquiry report on the allegations of violence.
  • Attorney General Khalid Javed Khan says PM Khan had not ordered filing a reference against Sessions Judge Zafar Iqbal. 


ISLAMABAD: The Islamabad High Court (IHC) has stated that judges could not be "intimidated or threatened" and ordered the police to take action by the law on pleas to quash cases against senior journalist Mohsin Baig, The News reported.

On Friday, IHC Chief Justice Athar Minallah heard the petitions of the wife of journalist Mohsin Baig. Her lawyer Latif Khosa claimed that the veteran journalist was subjected to torture in police custody.

The chief justice said it was not a habeas corpus writ and the accused himself could file a petition to quash cases against him. “No third person can file such a petition. You can change your petition,” he observed. He inquired whether the accused did not want to file a petition to quash the cases.

The IHC ordered the police chief to investigate the alleged torture of Baig at the police station and present a report on February 21.

Chief Justice Athar Minallah directed the district magistrate to inspect the Margalla Police Station, seeking an inquiry report on the allegations of violence.

Read more: Journalist Mohsin Baig arrested from Islamabad

He assereted that torture in police stations was unacceptable and there could be consequences for officers responsible for it. He observed that action could not be taken on requests for dismissal of cases by the accused’s wife or a third party. 

“Only the accused himself can make the request,” he remarked. The court also issued a notice to the Islamabad advocate general.

Read more: Govt to file reference against judge for declaring FIA raid illegal in Mohsin Baig case

Latif Khosa also made a miscellaneous request for a medical examination of the accused. He said the Additional Sessions Judge was threatened with a reference after his order in the case.

“Action has been taken against the subordinate judge of this court. Unfortunately, the prime minister has joined the case,” he added.

Meanwhile, Attorney General Khalid Javed Khan said that Prime Minister Imran Khan had not ordered filing a reference against Sessions Judge Zafar Iqbal. 

He said that no decision had been taken and the premier had nothing to do with the issue. He said it was the right of the prosecution to appeal against the decision but references could not be filed against judges on court decisions. He said the Islamabad advocate general might have some misunderstanding.

Read more: AGP denies filing reference against Islamabad judge in Mohsain Baig case

Earlier, Islamabad Advocate General (AG) Niazullah Niazi while briefing PM Imran Khan on the case had said that the Additional Sessions Judge had issued the order in a hurry and legal requirements were not fulfilled. He had said some elements were wrongly portraying the issue to oppose the PTI. 

“No one is above the law. Baig injured an FIA official. He also opened fire at police and Federal Investigation Agency (FIA) personnel and threatened them,” he had added.

Originally published in The News