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The recent decision by Lahore High Court has set a new precedent for Takht Lahore Kingpin and Co.
The High court became a mediator between Convicted criminal and GOP. It is evident from repeated out of the way favours to a particular influential and filthy Rich family that the Judiciary can go to any length if the aggrieved belong to the corruption cases riddled, absconding and convicted Sharif Family.
The same Lahore High Court, instead of taking up Health based plea by other prisoners, simply forwarded the petition to Home Secretary for further action.
Why?
Because there is double standard for the rich and powerful and the poor.
Now Zardari also stands to take the same advantage as soon as he strikes a similar arrangement due to the precedents set by High Courts of Pakistan. Zardari can use Sind card to cry foul otherwise.
DAWN.COM
TODAY'S PAPER | NOVEMBER 16, 2019
LHC asks Nawaz, Shehbaz to submit written undertaking of former premier's return from abroad
Rana Bilal | Adnan SheikhUpdated November 16, 2019
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Twitter Share
Shehbaz Sharif appears before the Lahore High Court on Saturday. — DawnNewsTV
The Lahore High Court (LHC) on Saturday directed Nawaz Sharif and his brother Shehbaz Sharif to submit a written undertaking about the former prime minister's travel abroad for medical treatment and his return.
A two-judge bench, comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem, is hearing the petition challenging the government's condition of furnishing indemnity bonds in order to secure the removal of ailing Nawaz's name from the Exit Control List (ECL).
Following the court's directions, the PML-N legal team submitted a handwritten draft of the undertaking to the court, which said: "As soon as doctors abroad permit [Nawaz to return], he will come back to the country without wasting a moment."
"Nawaz Sharif will return and face the cases against him in court," it added.
The two-page document pointed out the former premier was leaving the country on the "recommendations of Pakistani doctors".
The hearing has been adjourned until 2:30pm.
'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 Additional Attorney General (AAG) Chaudhry Ishtiaq A. Khan, who is representing the government, 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.
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 name of the former premier — who is convicted in two corruption cases and is a suspect in another — was placed on the ECL.
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.
The High court became a mediator between Convicted criminal and GOP. It is evident from repeated out of the way favours to a particular influential and filthy Rich family that the Judiciary can go to any length if the aggrieved belong to the corruption cases riddled, absconding and convicted Sharif Family.
The same Lahore High Court, instead of taking up Health based plea by other prisoners, simply forwarded the petition to Home Secretary for further action.
Why?
Because there is double standard for the rich and powerful and the poor.
Now Zardari also stands to take the same advantage as soon as he strikes a similar arrangement due to the precedents set by High Courts of Pakistan. Zardari can use Sind card to cry foul otherwise.
DAWN.COM
TODAY'S PAPER | NOVEMBER 16, 2019
LHC asks Nawaz, Shehbaz to submit written undertaking of former premier's return from abroad
Rana Bilal | Adnan SheikhUpdated November 16, 2019
Facebook Count39
Twitter Share
Shehbaz Sharif appears before the Lahore High Court on Saturday. — DawnNewsTV
The Lahore High Court (LHC) on Saturday directed Nawaz Sharif and his brother Shehbaz Sharif to submit a written undertaking about the former prime minister's travel abroad for medical treatment and his return.
A two-judge bench, comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem, is hearing the petition challenging the government's condition of furnishing indemnity bonds in order to secure the removal of ailing Nawaz's name from the Exit Control List (ECL).
Following the court's directions, the PML-N legal team submitted a handwritten draft of the undertaking to the court, which said: "As soon as doctors abroad permit [Nawaz to return], he will come back to the country without wasting a moment."
"Nawaz Sharif will return and face the cases against him in court," it added.
The two-page document pointed out the former premier was leaving the country on the "recommendations of Pakistani doctors".
The hearing has been adjourned until 2:30pm.
'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 Additional Attorney General (AAG) Chaudhry Ishtiaq A. Khan, who is representing the government, 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.
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 name of the former premier — who is convicted in two corruption cases and is a suspect in another — was placed on the ECL.
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.