IHC hints at imposing fine on PTI's Kanwal Shauzab for baseless litigation

Published March 25, 2022
A file photo of PTI MNA Kanwal Shauzab. — Photo via Radio Pakistan
A file photo of PTI MNA Kanwal Shauzab. — Photo via Radio Pakistan

ISLAMABAD: The Islamabad High Court (IHC) has hinted imposing a fine on a PTI lawmaker under the Cost of Litigation Act for baseless litigation after she challenged the order of a local court for registration of an FIR against her for allegedly manhandling an elderly couple.

The court was hearing a petition filed by Member National Assembly (MNA) Kanwal Shauzab. Ms Shauzab had a brawl with Mohammad Abdul Rehman and his wife Fatima Rehman over the beautification of a nullah adjacent to her house in F-11.

The lawmaker’s husband lodged a complaint against them with the cybercrime wing of the Federal Investigation Agency (FIA) for making a video of the beautification work and uploading it on social media.

The neighbours, on the other hand, filed a complaint in the local police, stating Ms Shauzab and her security guard manhandled them.

After the police did not register the FIR, the additional district and sessions judge ordered the registration of the case which Ms Shauzab challenged in the IHC.

During the hearing, IHC Chief Justice Athar Minallah observed that the petition appeared to be a classic example of grave abuse of power by the FIA.

The dispute between Ms Shauzab and her neighbours began when the Capital Development Authority and the Metropolitan Corporation Islamabad started cleaning the area and initiating construction work on a rainwater ravine after the lawmaker shifted to her house at F-11.

After perusal of the record, the court noted that “there was admittedly an extraordinary activity by the CDA and the MCI when the MNA moved to her house in F-11.

“Both the public bodies started activities that also involved expense from the public exchequer. There was significant activity and construction work to make the rainwater ravine and the area around the house more presentable.”

The court expressed displeasure over the conduct of the MNA and noted: “It appeared that she did not realise that she was a public officeholder and not an ordinary citizen.”

The court order stated that “in order to ensure fairness, transparency and to meet the ends of justice, the court appoints Asad Umer, minister for planning, and Senator Syed Ali Zafar advocate as amici curiae to assist the court. They shall also assist the court as to why the application filed by Ms Shauzab may not be allowed by ordering payment of exemplary costs to the two senior citizens who were subjected to abuse of powers by the FIA.”

The investigating officer and the director cybercrime FIA were also put on notice to explain why they may also not be ordered to pay exemplary costs.

The court put the elderly neighbours of the lawmaker on notice telling them that they “will be at liberty to file their affidavit of costs under the Cost of Litigation Act 2017.”

Published in Dawn, March 25th, 2022

Opinion

Editorial

Smog hazard
Updated 05 Nov, 2024

Smog hazard

The catastrophe unfolding in Lahore is a product of authorities’ repeated failure to recognise environmental impact of rapid urbanisation.
Monetary policy
05 Nov, 2024

Monetary policy

IN an aggressive move, the State Bank on Monday reduced its key policy rate by a hefty 250bps to 15pc. This is the...
Cultural power
05 Nov, 2024

Cultural power

AS vital modes of communication, art and culture have the power to overcome social and international barriers....
Disregarding CCI
Updated 04 Nov, 2024

Disregarding CCI

The failure to regularly convene CCI meetings means that the process of democratic decision-making is falling apart.
Defeating TB
04 Nov, 2024

Defeating TB

CONSIDERING the fact that Pakistan has the fifth highest burden of tuberculosis in the world as per the World Health...
Ceasefire charade
Updated 04 Nov, 2024

Ceasefire charade

The US talks of peace, while simultaneously arming and funding their Israeli allies, are doomed to fail, and are little more than a charade.