The administration of the Islamabad High Court (IHC) has stripped Justice Saman Rafat Imtiaz of her powers to entertain harassment complaints after she took cognisance of one filed by lawyer and human rights activist Imaan Zainab Mazari-Hazir against Chief Justice (CJ) Sardar Muhammad Sarfraz Dogar.

 

Last week, lawyer Mazari and CJ Dogar had a heated exchange during the hearing of a plea filed on behalf of Baloch Yakjehti Committee (BYC) leader Dr Mahrang Baloch. CJ Dogar had warned lawyer Mazari of contempt and was reported to have passed warning remarks along the lines of “getting hold of her”.

 

Lawyer Mazari on Monday approached the IHC’s anti-harassment committee and also sent a reference against CJ Dogar to the Supreme Judicial Council (SJC).

 

In response to her complaint, Justice Imtiaz, being the “competent authority”, not only entertained the complaint but also established an inquiry committee in consultation with her fellow judges.

 

A circular from her office said that under the Protection Against Harassment of Women at the Workplace Act 2010, an inquiry committee, comprising Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir and Justice Imtiaz, had been formed to conduct probe the matter. 

 

However, a notification issued by the IHC registrar’s office later, Justice Inaam Amin Minhas was appointed as the new head of the Women’s Harassment Committee.

 

Reports citing the court record claimed that a similar committee was already formed in 2019, comprising the member inspection team (MIT), deputy and assistant registrars under the said act, to probe allegations of harassment. 

 

A senior official of the IHC was quoted as saying that the act did not apply to judges as they could only be charged under Article 209 of the Constitution.

 

Another reason for de-notifying Justice Imtiaz was that, as the competent authority, she herself could not serve on the inquiry committee.