IHC keeps stay on D-12 graveyard demolition, warns of contempt

ISLAMABAD: The Islamabad High Court on Wednesday maintained its stay order restraining the demolition of a graveyard in Mouza Seri Saral, Sector D-12, and warned that any violation would invite immediate contempt proceedings and imprisonment, the Associated Press of Pakistan reported.

Justice Muhammad Azam Khan granted the parties further time to submit their replies after the Capital Development Authority and the other respondents failed to file their responses. The hearing was adjourned on that basis.

During the hearing, the petitioner's counsel alleged that officials had arrived the previous day to carry out an operation at the site despite the court's stay order, according to Daily Times. The judge expressed strong displeasure, warning that if such a violation happened again he would immediately convict those responsible for contempt of court and send them to jail. He said he would impose the full six-month sentence for contempt and would not entertain any explanation once the order had been broken.

"Inform everyone that if the order is violated, I will send them to jail," the judge said, Daily Times reported.

Neither report named the petitioner, and neither recorded the authority's position, since the CDA has not yet filed its reply. The size of the graveyard and the number of graves it holds were not stated in either account.

In other Islamabad High Court business on Wednesday, Daily Times reported that the court disposed of a petition seeking to halt the recruitment of inspectors in the federal police after the petitioners withdrew the plea. Justice Ayaz Shaukat heard the petition filed by Arshad Ali and 39 others. Advocate Adil Aziz Qazi appeared for the petitioners along with DSP Legal Sajid Cheema, and Tahir Kazim, Director Legal at the office of the Inspector General, attended the hearing.

Separately, Justice Arbab Muhammad Tahir issued notices to the Secretary Interior, the Director Immigration and the Director General of the Federal Investigation Agency on a petition challenging what it describes as unnecessary travel restrictions on citizens going abroad, the same outlet reported. The court also issued a notice to the Attorney General for Pakistan to assist it on the legal questions raised, and directed that the matter be fixed for hearing in the first week of December.

The petition, filed by the Judicial Activism Panel and pursued by Advocate Azhar Siddique, invokes Article 199 of the Constitution and challenges the Passport Rules, 2021 and the Provisional National Identification List. It argues that the second part of Rule 22(2)(b) of the Passport Rules is unlawful, that citizens are placed on the Passport Control List on the mere recommendation of government departments or agencies, and that travellers holding valid passports, visas and confirmed tickets are offloaded without prior notice or disclosure of reasons.