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August 30, 2022
ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition seeking contempt of court proceedings against Prime Minister Shehbaz Sharif for not honouring his commitment to Lahore High Court for the return of his brother Nawaz Sharif to Pakistan.
The petitioner, Syed Zafar Ali Shah, invoked the jurisdiction of IHC under Article 199 of the Constitution to file the petition, but the registrar’s office raised the objection about its maintainability.
However, the court overruled the objection and observed that it was bereft of jurisdiction to object or adjudicate upon the question of maintainability of a constitutional petition filed under Article 199.
The court also observed that the maintainability of a petition could only be determined by the court itself.
In response to a court’s query, Mr Shah admitted that the petition wherein an interim order, dated Nov 16, 2019, had been passed, was pending with the Lahore High Court.
He further admitted that the name of Nawaz Sharif was removed from the Exit Control List under a decision of the federal cabinet subject to certain conditions.
The court observed: “Admittedly, the removal of the name (of Mr Nawaz Sharif) from the Exit Control List was not pursuant to an order or direction passed by any court. The conditions imposed by the Federal Cabinet were challenged before the learned Lahore High Court and they were suspended and modified vide an interim order, dated 16.11.2019. It appears that the said order was never challenged either by the Federal Government nor the National Accountability Bureau and, therefore, it stood implemented.”
The court further noted that since the petition in which the interim order, dated Nov 16 had been passed, is pending before the Lahore High Court, therefore, the IHC had no jurisdiction to entertain the petition in hand nor to grant the request sought therein.
The petitioner, after arguing the matter at length, said he did not press the petition.
The court dismissed the petition accordingly.
Published in Dawn, August 30th, 2022
IHC dismisses plea seeking contempt proceedings against PM Shehbaz
Malik AsadAugust 30, 2022
ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition seeking contempt of court proceedings against Prime Minister Shehbaz Sharif for not honouring his commitment to Lahore High Court for the return of his brother Nawaz Sharif to Pakistan.
The petitioner, Syed Zafar Ali Shah, invoked the jurisdiction of IHC under Article 199 of the Constitution to file the petition, but the registrar’s office raised the objection about its maintainability.
However, the court overruled the objection and observed that it was bereft of jurisdiction to object or adjudicate upon the question of maintainability of a constitutional petition filed under Article 199.
The court also observed that the maintainability of a petition could only be determined by the court itself.
In response to a court’s query, Mr Shah admitted that the petition wherein an interim order, dated Nov 16, 2019, had been passed, was pending with the Lahore High Court.
He further admitted that the name of Nawaz Sharif was removed from the Exit Control List under a decision of the federal cabinet subject to certain conditions.
The court observed: “Admittedly, the removal of the name (of Mr Nawaz Sharif) from the Exit Control List was not pursuant to an order or direction passed by any court. The conditions imposed by the Federal Cabinet were challenged before the learned Lahore High Court and they were suspended and modified vide an interim order, dated 16.11.2019. It appears that the said order was never challenged either by the Federal Government nor the National Accountability Bureau and, therefore, it stood implemented.”
The court further noted that since the petition in which the interim order, dated Nov 16 had been passed, is pending before the Lahore High Court, therefore, the IHC had no jurisdiction to entertain the petition in hand nor to grant the request sought therein.
The petitioner, after arguing the matter at length, said he did not press the petition.
The court dismissed the petition accordingly.
Published in Dawn, August 30th, 2022
IHC dismisses plea seeking contempt proceedings against PM Shehbaz
Plea was filed over PM Shehbaz not honouring his commitment to LHC for return of his brother Nawaz to Pakistan.
www.dawn.com
