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Lower court judges barred from ordering arrest of any person in courtroom

Report in Dawn, Dec 17th, 2020
ISLAMABAD: The Islamabad High Court (IHC) has stopped judges of the district and sessions courts from issuing orders for the arrest of any person inside courtrooms.

An office order issued from the Member Inspection Team (MIT) of the IHC stated: “Chief Justice of this court has been pleased to further direct the learned District and Sessions Judges to advise all the judicial officers under their administrative control that no verbal order shall be passed for arrest of any person in the courtroom in breach of the established judicial norms, decorum of a court and unsustainable in law.”

As per background of the development, a civil judge, Waqar Hussain Gondal, last month issued verbal order for the arrest of a journalist, Imran Mansab Khan, on the complaint of an under custody accused.

The police took Mr Khan into custody, handcuffed him and shifted him to the Margalla police station. However, he was released later.

IHC Chief Justice Athar Minallah took notice of the incident and ordered an inquiry into the matter.

While the inquiry was underway, the MIT on the direction of Justice Minallah issued the directive to the district and session judge East and the district and sessions judge West.

Recently, the revenue staff in various districts of Punjab went on a strike after a civil judge in Sahiwal issued warrants for the arrest of an assistant commissioner. The latter was handcuffed inside the courtroom.

The chief secretary Punjab wrote a letter to the chief justice of Lahore High Court (LHC) which also ordered a probe into the matter.

https://www.dawn.com/news/1596136/lower-court-judges-barred-from-ordering-arrest-of-any-person-in-courtroom