ISLAMABAD: The Islamabad High Court (IHC) on Monday turned down a petition seeking the court’s directions to the government to stop it from issuance of a diplomatic passport to PML-N Quaid and former prime minister Nawaz Sharif.
A single bench of Chief Justice Athar Minallah on Monday heard the petition of advocate Naeem Haider Panjutha, who sought the court’s directions to the relevant authorities to immediately arrest the former prime minister Nawaz on his return to Pakistan from London as he is a convict and court absconder and produce him before the court of competent jurisdiction.
Justice Minallah terming the petition based on unreliable material and frivolous, dismissed it in limine and imposed Rs5,000 as costs on the petitioner.
The petitioner invoked the jurisdiction of the court seeking a writ directing the federal government to refrain from issuing a diplomatic passport in favour of Nawaz.
The counsel argued that the latter was convicted and has been declared as an absconder by a competent court and, therefore, an extraordinary benefit/ facilitation cannot be extended by the State.
In response to the Court’s query, the lawyer referred to various reports published in daily newspapers to show that the Federal Government has decided to issue a diplomatic passport in favour of Nawaz. However, he could not show any order, direction or notification issued by the federal government in this regard.
The IHC bench noted that no evidentiary value is attached to the press reports and no reliance can be placed on them when a person claims a legal right on its basis. Justice Minallah said, “It is settled law that courts do not decide cases on the basis of press reports.”
“Moreover, the law regarding how a convicted person, declared as an absconder by a competent court, is to be dealt with has been enunciated by the august Supreme Court in the judgments reported as “Hayat Bakhsh and others v The State” and “The State through National Accountability Bureau, Islamabad v Haji Nasim-ur-Rehman,” said the IHC chief justice.
He maintained, “It is obligatory on a convicted person who has been declared as an absconder to surrender to the order of imprisonment. An absconder, therefore, has to be dealt with in accordance with law.”
The petitioner filed the petition referring to media reports that said Nawaz Sharif was being issued a diplomatic passport on the instructions of newly-elected PM Shehbaz. He specified that the instructions for the issuance of the diplomatic passport were given to the interior and foreign affairs secretaries.
He stated that convict Nawaz Sharif is a court absconder who was convicted by a NAB Court for corruption and his appeal has been dismissed by this court and it is violative of law, a mockery of the justice system and disgrace to the nation if a diplomatic passport is issued to a convict.
He further said that the illegal, unlawful act of respondent no 1 (Secretary Interior) and respondent 2 (deputy secretary Ministry of Foreign Affairs) for issuance of the Diplomatic Passport to a convict and court absconder is not sustainable in the eye of law.
He added, “The issuance of a diplomatic passport to a convict is tantamount to bestowing respect, state protocols and dignity to a convict and if the convict is a court absconder it becomes a disgrace to the entire judicial system of the country.” The petitioner adopted that the act was also “against the spirit of the Constitution and against the fundamental rights whereby it has been guaranteed to every citizen that they will be treated equally and if the court absconders get such a lucrative travel document for life will be the mockery of the system.”
He also requested the court that during the pendency of this petition, [a] diplomatic passport shall not be issued to Nawaz Sharif.
Copyright Business Recorder, 2022
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