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Contempt notices issued to home secy, IGP, others over Murtaza Jatoi`s illegal detention

By M.B. Kalhoro 2025-02-28
LARKANA: The Constitutional Bench of Sindh High Court, Larkana circuit, on Thursday issued contempt notices to the home secretary, inspector general of Sindh police, LarkanaDIG, Sukkur SSP and superintendent of the Special Nara Prison Hyderabad, as well as circle officer of Naushero Feroze Anti-Corruption Establishment, over violation of its Feb 20 order.

The SHC order had granted Ghulam Murtaza Jatoi, the National Peoples Party (NPP) chief and a key leader of the Grand Democratic Alliance (GDA), protection from arrest.

However, he had been arrested in several old and new cases registered against him at different police stations and Mr Jatoi had been kept in the Special NaraPrison.

The judicial magistrate-ll of Sukkur, who had granted his 14-day remand in a case, has also been suspended.

The bench comprising Justice Mohammed Saleem Jessar and Justice Adnan-ul-Karim Memon said in its order that `notices are issued to the alleged contemnors, except civil judge, requiring their appearance to explain why contempt proceedings should not be initiated for willfully violating this Court`s 20.02.2025 order`.

The matter has been fix forfurther hearing on March 13.

The bench was seized with a petition filed by Mr Jatoi`s spouse Naveen Jatoi seeking contempt proceedings against the respondents and immediate release of her husband.

The bench said that through the Feb 20 order,the highcourt had granted the petitioner`s husband protection from arrest in any further case without high court`s permission, explicitly stating that he was not to be arrested if not detained vide three specific FIRs. However, the FIR No.03/2025 (police sta-tion Ameenani in Dadu district) had been presented, it observed.

The bench suspended operation of the remand order in crime No.17/2024 passed by judicial magistrate-ll, Sukkur, and said, `consequences shall follow`. Further registration of the FIR against the petitioner`s husband, including fresh FIR No.03/2025, is hereby stopped.

`The Inspector General of Police (I.G.P.) Sindh is warned against disobeying court orders and directed to ensure subordinates act lawfully. Any further violation of court orders will result in action under Article 204 of the Constitution,` the order said.

Earlier, the petitioner`s lawyers Mohammad Omer Soomro, Abdul Haseeb Qazi and Irshad Jatoi prayed the court to order suspension of the 14-day judicial remand granted on Feb 24, 2025, immediate release of Ghulam Murtaza Khan Jatoi and initiation of contempt proceedings against the respondents.

The bench in its order quoted the counsel as informing the court: `The contemnors have unlawfully detained him [Mr Jatoi] by obtaining a remand order in another case. Following bail in multiple cases, he was illegally held at Nara Prison. Attempts to arrest him in a new case were denied by the Special Judge. He was then implicated in another case via a fabricated statement, and a civil judge unlawfully granted a 14-day remand. He refused to recall the remand despite being informed of the [High] Court`s order.

These actions, demonstrating political bias and obstruction of justice, violate the Court`s orders and Jatoi`s fundamentalrights`.The prosecutor general opposed the petitioner`s narration, arguing that the court could not interfere with ongoing investigations and should allow the legal process to proceed. He requested the court to modify its order.

The bench said` `We have heard the learned counsel for the applicant on the contempt application and perused the record with their assistance.

The main grievance of the petitioner is that the contemnors violated the Court`s 20.02.2025 order by arresting the petitioner`s husband without authorisation, based on a further statement in FIR No. 17/2024 (P.S.

Bagerji), warranting contempt proceedings`.

It further said: `The Acting Prosecutor General`s argument regarding lack of jurisdiction, suggesting the petitioner applied to the trial court, is rejected`. `This Court, under Article 199 of the Constitution, must protect citizens` fundamental rights, including life and liberty.

Furthermore, the Circle Officer, AntiCorruption, failed to provide satisfactory answers to the Court`s inquiries.

Additionally, the Prosecutor`s application for modification of the 20.02.2025 order under Section 151 CPC is deemed inappropriate in these collateral proceedings.