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