ISLAMABAD, SEPT 12: Lawyers’ bodies called for the dismissal of Justice Sardar Muhammad Sarfraz Dogar from the post of Islamabad High Court chief justice on Friday, condemning the remarks attributed to him during an exchange with rights activist and lawyer Imaan Zainab Mazari-Hazir yesterday and a clarification by him on the matter earlier today.
On Thursday, Justice Dogar had warned Mazari of a contempt of court case and was reported to have gone as far as passing warning remarks along the lines of “getting a hold of her”.
Today, he provided a clarification regarding the matter, saying that his words were presented “out of context”.
During the hearing of a case on a plea filed by a citizen named Abdul Jabbar — who sought the removal of his name from the Exit Control List — Justice Dogar addressed the matter, saying that Mazari was “just like a daughter” to him, and he was only explaining things to her yesterday.
“Being the chief justice and an elder, I was trying to make her understand.”
He went on to say that his remarks were presented out of context and “a storm brewed up”.
The IHC CJ maintained that during his exchange with Mazari, he had told her that she could disagree with his decisions, but she should have avoided making her criticism personal.
At one point, he reiterated: “I was explaining to her just as (I would) to a child, but she was not understanding. She was repeatedly mentioning fundamental rights. Does this court not have any fundamental rights?”
Moreover, it has been reported that during yesterday’s exchange, Justice Dogar also addressed Mazari’s husband, Hadi Ali Chattha, saying: “Hadi sahib, make her understand; if I get hold of her someday …”
However, he clarified today that he did not say anything along the lines of “getting hold of” Mazari.
“I did not say that I will get hold of her, [but] this [reported remark] is being circulated since yesterday. Hadi sahib was standing [there], so I asked him to take her away or I would initiate contempt of court proceedings.”
Later, Chattha maintained in a post on X that the judge had in fact made the reported remarks.
He accused the judge of lying and misconduct before referring to Justice’s Dogar remarks from today’s hearing.
The IHC CJ said during today’s hearing that in case of contempt of court proceedings, Mazari’s career would suffer.
Reacting to that, Chattha said Justice Dogar was “not eligible to hold judicial office” and that he had held “the entire high court hostage”.
Mazari’s response
Mazari, who is known to be vocal in her criticism of Pakistani authorities, posted on X after yesterday’s hearing that “it is important for CJ IHC to understand that I am not activist Imaan Mazari in his court, I am a lawyer holding a brief for my client and conduct myself according to professional etiquette (and a court should do the same).”
She added that her client’s case “should not suffer because of any grievances a judge may have with her lawyer over the right to freedom of expression in a personal capacity”.
Following Justice Dogar’s clarification today, she again criticised him on X for making “sexist” remarks and accused him of harassing her.
“First, the chief justice misbehaved, harassed me at my workplace and threatened me openly in the court … Today again, he is passing sexist remarks.”
She asserted that she was neither his daughter nor a child. “I am a professional lawyer”.
Lawyers condemn
Multiple lawyers’ bodies also issued condemnatory statements today, with the Lahore High Court Bar Association (LHCBA) demanding the removal of Justice Dogar from his post.
In a press release — which Mazari shared on X, thanking the association — the LHCBA said the body’s president, vice president and secretary “strongly condemn” Justice Dogar’s exchange with Mazari.
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The statement said that lawyers were “officer[s] of the court” and their respect and dignity was to be prioritised just as those of respected judges who were working within the bounds of law and the Constitution.
It added that Justice Dogar’s “dictatorial behaviour is a gross violation of the judge’s code of conduct and it is immensely important to keep any such judge away from court proceedings”.
The LHCBA urged the Supreme Judicial Council — the highest forum responsible for disciplinary proceedings against judges of the superior judiciary — to remove Justice Dogar from his post.
The Karachi Bar Association (KBA) also issued a statement saying that it “strongly condemns the highly inappropriate conduct” of Justice Dogar.
“The association notes with deep concern that instead of maintaining judicial dignity and impartiality, the chief justice resorted to derogatory remarks and threats of contempt proceedings against the counsel. Such behaviour undermines the sanctity of judicial forums, intimidates members of the bar and is contrary to principles of justice,” the statement read.
It emphasised that lawyers had the right to represent their clients “without fear or harassment, and any attempt to suppress this right cannot be tolerated”.
Expressing solidarity with Mazari, the KBA urged the Judicial Commission of Pakistan, Supreme Court and Pakistan Bar Council to take notice of the incident.
“The judiciary must remain above personal remarks and coercive conduct; respect between bar and bench must always be mutual to protect the integrity of our justice system,” the KBA stressed.
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The Balochistan Bar Council also issued a similar statement as the KBA, calling on the SJC to dismiss Justice Dogar from his post.
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Separately, a group of female lawyers also became signatories to a condemnation of Justice Dogar’s remarks, terming them “sexist, threatening and unbecoming of a judge”.
The condemnatory statement said Justice Dogar’s remarks “reflect a deeply patriarchal attitude, and the threats are a source of concern. The purpose of contempt laws is to uphold the administration of justice, not for judges to hold a sword over the head of lawyers”.
