• Tuesday, March 31, 2020

Rejecting govt stance, LHC admits plea seeking unconditional permission for Nawaz's travel

Discussion in 'Insaf - Justice' started by ghazi52, Nov 15, 2019.

  1. Flash_Ninja

    Flash_Ninja SENIOR MEMBER

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    At the end of the day noon-league is losing more from the legal fees and lawyers than they gain. I dont think LHC is going to overrule what the government directed.
     
  2. airmarshal

    airmarshal SENIOR MEMBER

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    What the hell is with the courts? The govt should be allowed to work and interference from court in each and every govt decision is not acceptable.

    If the LHC overturns govt decision, the govt should move to Supreme Court and challenge the decision.

    If ISI officer was not in the JIT, the Sharif family would have been out by now.

    What 'blame establishment' crowd does not understand is that civilian government primary role is governance, upholding rule of law and build civilian institutions. For last 10 years of illustrious Pakistani democracy, which institution did the corrupt parties try to build? Infact these corrupt parties feast on the crumbling state structures. Police, FIA, IB, ministries and federal corporation are all recruitment centres of the corrupt political parties. They were not re building them, they were there to line their pockets and when they could not deliver for obvious reasons, blame establishment.

    The ISI officer was thorn in Sharif family ars*. They kept objecting to his presence. They knew they cant influence the army, which is a good thing. For if army too was like other public institutions, it would have become Punjab or Sindh police.

    I m thankful to establishment, if they had a hand in getting Nawaz convicted. For these politicians have become bigger than state. They had so much influence that they were getting documents of every kind the next day when asked by courts in Avenfield and Al-Azizia case. They knew if army is not there, they could easily manipulate JIT. And dont forget the threats JIT members were receiving. If not army, they would not have been able to complete investigation.
     
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  3. SIPRA

    SIPRA SENIOR MEMBER

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    It doesn't matter, what I believe personally. What I have said is the opinion and perception of the majority of Pakistanis. You can gauge it from the posts on PDF.

    Second thing is that I have not said that it is only the Establishment, which influences our superior judiciary. There are many factors. Our judges are influenced by their personal prejudices, nepotism, bribes, powerful people and the Establishment.

    Fully agree with your post. But you are mistaken that I am blaming the Establishment. I am merely stating the factual situation, which you have also narrated in your post.
     
  4. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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    LHC allows Nawaz to travel abroad for 4 weeks
    Rana Bilal | Adnan Sheikh
    November 16, 2019


    [​IMG]

    Shehbaz Sharif appears before the Lahore High Court on Saturday.

    The Lahore High Court on Saturday allowed former premier Nawaz Sharif to travel abroad for medical treatment.

    As the government and Sharif brothers remained at an impasse over the terms of Nawaz Sharif's travel abroad — specifically his return to Pakistan — the LHC said it would draft its own undertaking for the former premier's travel and give to lawyers of both sides.

    A two-judge bench, comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem, heard the petition challenging the government's condition of furnishing indemnity bonds in order to secure the removal of Nawaz's name from the Exit Control List (ECL).

    During the hearing, Justice Najafi remarked that in his opinion, it was not fair for the government to place conditions after the Islamabad High Court had granted bail to Nawaz Sharif. If Nawaz's health improves, the federal government's board can examine him, the bench pointed out.

    After hearing arguments, the court said it would present its own draft for the undertaking and handed it over to lawyers of both sides for review.

    The hearing, which has been underway since 11am and has been adjourned multiple times, will determine whether Nawaz can travel abroad for medical treatment without submitting the bonds — a condition set by the government.

    Back and forth on written undertaking
    A little after 1pm, the court had directed Nawaz Sharif and his brother Shehbaz Sharif to submit a written undertaking about the former prime minister's travel abroad and his return.



    [​IMG]

    Undertaking submitted by Nawaz Sharif.


    Following the court's directions, the PML-N legal team submitted a handwritten draft of the undertaking by Nawaz, which stated: "I do hereby undertake to return to Pakistan [...] to face the process of law and justice as soon as I am declared healthy and fit to travel to Pakistan by my doctors."

    A separate undertaking was submitted by Shehbaz in which he stated: "I undertake to facilitate return of my brother on certification by doctors that he has regained his health and is fit to return to Pakistan."

    The hearing was then adjourned until 2:30pm. When it resumed, Additional Attorney General (AAG) Chaudhry Ishtiaq A. Khan, representing the government, opposed the undertaking submitted and said it did not mention when Nawaz would leave Pakistan and when he would return.

    He argued that the IHC had granted bail to Nawaz Sharif for a specific time period.

    The counsel contended that to ensure the return of Nawaz Sharif, the condition of indemnity bond was placed. He demanded that the petitioners provide a time frame for Nawaz's return.

    Khan said that the government had prepared a draft in response to the ones by Nawaz and Shehbaz, under which the government will be able to send, when it deems fit, a medical board abroad to establish whether the former premier could travel or not.

    The court clarified that the doctors in United Kingdom would be treating Nawaz while the government's board will do a check up to determine his fitness for travel.

    The court suggested to mention in Nawaz's draft that his medical reports would also be shared with the government.

    Nawaz Sharif can submit the bonds to the court and not the government, if he wants, the counsel added. The bond is not currency, they are just papers of ownership, he said.

    'God will bring him back'
    Earlier, the bench asked PML-N President Shehbaz, who was in court for the hearing, if he was willing to guarantee that Nawaz will return. To this, Shehbaz said: "God will bring him back."

    PML-N lawyer Amjad Pervez told the court that Nawaz had returned to Pakistan for the proceedings of the corruption references filed against him by the National Accountability Bureau (NAB). He insisted that the former premier "respects the law".

    Pervez further said that the Islamabad High Court had suspended Nawaz's sentence and argued: "The government cannot interfere while the matter is in the court."

    The court asked Nawaz's lawyer if the former premier was willing to submit anything as surety. The bench allowed PML-N's legal team to discuss the matter with Nawaz and adjourned the proceedings for 15 minutes, after which the lawyers held consultations with Shehbaz in the courtroom.

    Condition attached to 'uphold court's writ'
    In the first half of the hearings, the bench had asked AAG Khan if the memorandum by the interior ministry was "issued on humanitarian basis".

    Khan said that the federal government was aware that the Nawaz's condition was "precarious", adding that the PML-N supremo was granted permission by the court to travel abroad for medical treatment. He argued that the condition of furnishing an indemnity bond was added in order to "satisfy the court".

    "We imposed conditions to uphold the writ of the court," Khan insisted and said that "if the former prime minister wants to go abroad for treatment, he can go for a specified period of time".

    "The court granted a bail of eight weeks to Nawaz Sharif," he said and added: "If Nawaz Sharif wants to go abroad for treatment, he can go, but first he has to satisfy the court.

    "If the court is satisfied, we (the government) have no objections."

    "If Nawaz Sharif does not want to submit the bonds to the government, then he can submit them to court," the AAG said.

    "We will ask Nawaz and Shehbaz Sharif to submit a written undertaking. The federal government can review it," the bench said. "This undertaking will be submitted in court; if the undertaking is not upheld then the law of contempt of court is available."

    "The government is also asking for a [written] undertaking," Khan insisted. "So that legal action can be taken if Nawaz Sharif does not return."

    Petition maintainable
    The high court had yesterday declared the petition as maintainable after hearing the arguments of PML-N's legal team and the respondents.

    The government had argued that the petition was not within the jurisdiction of the LHC. The argument was rejected by the bench, which relied upon superior courts’ judgements cited by PML-N's legal team and observed that the petition was maintainable before the LHC.

    "The arguments advanced by the learned additional attorney general that the conditions mentioned in the impugned memorandum are based upon the judgement pronounced by the accountability court, Islamabad, and challenged before the Islamabad High Court, therefore, this court lacks jurisdiction, has not impressed us," said the bench in its three-page short verdict.

    Govt's one-time permission for medical care
    On Wednesday, the Pakistan Tehreek-i-Insaf (PTI) government, after much deliberation, had granted a one-time permission to Nawaz for four weeks to travel abroad for his treatment provided he submitted indemnity bonds worth over Rs7.5 billion.

    The condition was challenged in LHC by the PML-N legal team, on behalf of the former premier, on Thursday and was taken up by the two-member bench on the same day.

    Nawaz, who was diagnosed with an immune system disorder, has been advised to go abroad for medical treatment. The former premier is convicted in two corruption cases and is a suspect in another.

    The former prime minister was rushed from Kot Lakhpat jail to the hospital last month after his personal physician Dr Adnan Khan raised an alarm over his deteriorating health. Following this, Shehbaz Sharif had submitted a request to the interior ministry as well as NAB for the removal of Nawaz's name from the ECL so that the former prime minister could travel abroad for medical treatment.

    Nawaz, who was incarcerated after an accountability court found him guilty in the Al Azizia corruption reference, was granted bail by the Islamabad High Court on humanitarian grounds. He also obtained bail in the Chaudhry Sugar Mills case, in which he is a suspect, from the LHC.
     
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  5. airmarshal

    airmarshal SENIOR MEMBER

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    What a joke we have as our country!

    He is convicted. How can he leace country without any guarantee. If in any away army is involved in this, then laanat on army and courts.
     
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  6. SIPRA

    SIPRA SENIOR MEMBER

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    I have not an iota of doubt that today's proceeding was totally directed by the Establishment.
     
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  7. AgNoStiC MuSliM

    AgNoStiC MuSliM PDF Veteran

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    That’s nothing but an outlandish conspiracy theory with absolutely ZERO evidence supporting it.

    Establishment has nothing to gain from Sharif leaving or staying in the country. It’s time responsibility is placed on the people who make the decisions, whether it is the government or the courts or the military, and excuses not brought out blaming the Establishment.
     
  8. mikkix

    mikkix SENIOR MEMBER

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    Shareefs has special place in military establishments heart.
     
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