DB Suspends Contempt Proceeding Against DG I&P, Director NAB

A division bench (DB) of Islamabad High Court (IHC) on Thursday issued order to suspend contempt proceeding against Director General Immigration and Passport, and Director NAB in a matter pertaining to a citizen’s name on ECL

ISLAMABAD, (UrduPoint / Pakistan Point News - 8th May, 2025) A division bench (DB) of Islamabad High Court (IHC) on Thursday issued order to suspend contempt proceeding against Director General Immigration and Passport, and Director NAB in a matter pertaining to a citizen’s name on ECL.

A two-judge bench comprising Justice Khadim Hussain Soomro and Justice Muhammad Azam Khan issued the order. The court stopped the single member bench from a decision till the final verdict on intra court appeal of DG I&P and Director NAB.

The court maintained its stay order against the contempt proceeding in single member bench and also suspended its order dated April 28.

In a written order, the court said that the record showed that the division bench ordered to club the petitions on March 26. It seems as there are some misunderstandings regarding the word ‘suspension’ and its interpretation is essential.

The order said that as per the blacklaw dictionary the meaning of suspension is to stop or stay something temporarily.

It doesn’t mean to cancel any permission or license rather just to halt it for the time being, it said.

The order said that it is also used to prevent a government officer, lawyer or religious figure from performing his duties for a certain period. In the present case, the court had clearly suspended the single member court’s order. This suspension meant that the order was no longer effective and no legal or practical action could be taken on its basis.

The implementation of a suspended order is not possible until it is restored. Judicial discipline requires that if an appellate forum suspends an order, the court should refrain from proceeding.

The court has also said in the written order that the court’s continuation of the proceedings despite the suspension is against the principles of law and is tantamount to weakening the authority of the appellate court. It is difficult to understand how the single judge issued a new order on the basis of a suspended order.