Islamabad High Court (IHC) Chief Justice Sardar Muhammad Sarfraz Dogar on Thursday warned rights activist and lawyer Imaan Zainab Mazari-Hazir of contempt of court for allegedly calling him a “dictator.”
The heated exchange took place during a hearing on a petition seeking the removal of Baloch political leader Dr Mahrang Baloch’s name from the Exit Control List (ECL), which bars individuals from travelling abroad.
During the court proceedings, Justice Dogar remarked: “Now if I pass any order in this case, Imaan Mazari will go downstairs and do a program saying a dictator is sitting here.”
Mazari denied making such a comment, saying she was appearing not in a personal capacity but as counsel for her client. “If you have a personal disagreement with me, that should not affect my client’s case,” she told the judge.
The judge pressed further, asking: “You commented that I am not a judge but a dictator. Should we not initiate contempt of court proceedings against you?”
Responding to the judge, Mazari said, “I have not said anything beyond the jurisdiction of the law and Constitution. If you want to initiate contempt of court proceedings, then please do so. The Constitution has given me the right to freedom of expression, which is what I have used.”
At one point, the chief justice turned to Mazari’s husband and fellow lawyer, Hadi Ali Chattha, and said: “Hadi sahib, make her understand; if I get hold of her someday…”
Mazari replied that if the court had reached the stage of threatening lawyers, it should proceed with contempt action.
After the hearing, Mazari posted on X: “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 reiterated that Dr Mahrang Baloch’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.”
Judge’s clarification and Mazari’s rebuttal
On Friday, Justice Dogar issued a clarification, saying his remarks had been taken “out of context.” He said Mazari was “just like a daughter” to him and that he was merely trying to make her understand.
Mazari rejected the explanation in another post on X, calling the comments “sexist” and accusing the chief justice of harassment. “First, the chief justice misbehaved, harassed me at my workplace and threatened me openly in court … Today again, he is passing sexist remarks. I am neither his daughter nor a child. I am a professional lawyer.”
Condemnation from women lawyers
More than 40 women lawyers issued a joint statement condemning the remarks as “sexist, threatening, and unbecoming of a judge.”
“Courtrooms are not places for judges to display personal grievances; judges must dispense justice,” the statement read. It described the threats as reflecting “a deeply patriarchal attitude” and warned that contempt powers should not be used as “a sword over the head of lawyers.”
Quoting Lord Denning, the statement added: “Let me say at once that we will never use this [contempt] jurisdiction as a means to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself.”
The signatories, including senior advocates of the Supreme Court and High Courts, urged judges to “stand with the Constitution and uphold the rule of law.”
The next hearing of Dr Mahrang Baloch’s ECL case has been scheduled for 16 September.