LHC admits Nawaz ECL plea

Lahore     –    The Lahore Excessive Courtroom (LHC) on Friday allowed a writ petition filed towards the federal government’s situation of furnishing indemnity bonds for the removing of former prime minister Nawaz Sharif’s identify from the ECL.

A division bench consisting of Justice Sardar Ahmad Naeem and Justice Ali Baqar Najafi declared the plea filed by PML-N President Shehbaz Sharif admissible by rejecting the federal government’s stance. The bench directed to advance arguments and adjourned the listening to for in the present day [Saturday].

Earlier than the beginning of yesterday’s proceedings, Extra Legal professional Basic (AAG) Chaudhry Ishtiaq A Khan filed the federal government’s reply.

The court docket then gave time to the petitioner’s counsel to learn the 45-page reply through which the federal authorities opposed the request and raised query on the court docket’s jurisdiction to listen to the petition.

The court docket was knowledgeable that circumstances towards Nawaz Sharif had been underway in several courts and his identify was positioned on the Exit Management Record (ECL) on the advice of the Nationwide Accountability Bureau (NAB).

When the continuing resumed after recess, petitioner’s counsel Amjad Pervez claimed that the LHC had the jurisdiction to listen to the petition. He quoted completely different judgements and submitted their copies within the assist their stance that Nawaz’s identify might be taken off the ECL unconditionally.

He mentioned the federal government couldn’t deprive anybody of their basic rights and cited that former president Pervez Musharraf had been allowed to journey overseas for remedy.

Nevertheless, the bench remarked that the reference of Musharraf’s case was irrelevant as he had not been convicted, not like Nawaz, when his identify was faraway from the no-fly listing.

Justice Ali Baqar Najafi noticed that as per the file, NAB had left the whole matter pertaining Nawaz’s identify on ECL to the federal authorities.

The petitioner’s counsel additionally added that that the accountability watchdog had in black and white admitted that the authority so as to add or take away names from the ECL rested with the federal authorities. After the NAB assertion, the federal legislation minister had additionally requested it to once more make clear its stance on the problem, Amjad maintained.

On the LHC’s jurisdiction subject, the federal government’s consultant submitted that the names of Nawaz and his youngsters had been positioned on ECL within the Avenfield case after the apex court docket had ordered to file references towards them.

He argued that the PML-N chief was awarded sentence by an accountability court docket in Islamabad and the attraction was additionally filed and being heard towards the decision within the Islamabad Excessive Courtroom (IHC). Subsequently, he added, the request may solely be heard by the Islamabad Excessive Courtroom (IHC).

The federal government consultant additional submitted that the federal authorities had not sought surety bonds, slightly indemnity bonds, from the Sharif household. If Nawaz has reservations concerning submitting the indemnity bonds, he can strategy the IHC, he mentioned.

The court docket raised the purpose that the Chaudhry Sugar Mills case towards Nawaz was being heard in Lahore. The AAG replied {that a} court docket in Karachi had refused to listen to a petition difficult a NAB case filed elsewhere declaring it as non-maintainable.

Justice Najafi mentioned that the present petition considerations an ECL subject and was a couple of man “who could be very sick”.

After listening to the arguments, the excessive court docket reserved its judgement on the problem of admissibility of the PML-N petition.

On the query of maintainability of the petition, the court docket remarked “…it has been held that Federal Authorities capabilities within the provinces which confers the jurisdiction upon the Provincial Excessive Courts to listen to and adjudicate upon the matter.”

The order says, “Useless to look at that within the order handed by the Islamabad Excessive Courtroom whereas suspending the sentence of the petitioner (Nawaz Sharif) in Avenfreld reference in WP No. 3716 of 2019 on 29.10.2019, the matter has been referred to Authorities of Punjab for some additional proceedings/actions.”

The order concludes, “On this view of the matter, we at this stage maintain that this court docket has the jurisdiction to listen to this matter.” The court docket admitted the petition for arguments and adjourned the listening to for in the present day.

The PML-N believes that the federal government’s situation of furnishing indemnity bonds to place off the identify of Nawaz Sharif from the ECL was not primarily based on any provision of the legislation.

The situation had no authorized standing for the reason that petitioner had already been granted bail within the CSM case by a division bench of the LHC, and his sentence within the Al-Azizia Metal Mills reference has been suspended by the IHC, as per the Sharif household.

A PML-N authorized group had filed the petition within the court docket as an pressing matter final Thursday with a request to repair it for a same-day listening to. The court docket took up the petition at round 4:30pm when AAG Ishtiaq Khan and NAB’s official Naeem Tariq Sanghera appeared earlier than the court docket.

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