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The Supreme Court on Tuesday turned down Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi's appeal to set aside the Lahore High Court verdict wherein the LHC directed the Anti-Narcotics Court to decide the matter on July 21.
Hanif Abbasi is contesting upcoming election against Sheikh Rasheed Ahmed in NA-60, Rawalpindi. He faces charges of misusing 500 kg of the controlled chemical ephedrine which he obtained for his company, Gray Pharmaceutical, in 2010. Shahid Orakzai had filed the petition against Hanif Abbasi. The trial against Hanif has been going on in a Control of Narcotics Substances (CNS) Court in Rawalpindi since 2012 under various sections of the CNS.
Justice Abad-ur-Rehman Lodhi of Lahore High Court, Rawalpindi Bench, on July 11 hearing the appeal against the CNS Court to expedite trial directed the court to hear ephedrine case against Hanif Abbasi on day to day basis and announce verdict by July 21. The PML-N challenged the LHC order in the apex court. A two-judge bench comprising Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan observed that the high court passed the order with the consent of both the parties.
Advocate Kamran Murtaza contended that his client did not agree to the LHC decision. "I gave no consent to the high court, while the court had passed the order on the statement of irrelevant person." Justice Ijazul Ahsan said: "We can't interfere in the order of the high court." Kamran urged the apex court to direct for expunging the word 'consent' from the LHC order. Justice Azmat told him to approach the high court for this purpose.
Kamran Murtaza said that wrong impression would be created if the CNS Court announces the judgment before the election. Justice Azmat said they are only concerned about the law and not the election. Justice Ijaz said Hanif Abbasi has been taking dates for adjournment. The lawyer said that the high court has no power to direct the trial court to announce judgment.
Justice Ijaz said under the Article 203 of Constitution the high court has complete power to pass such directives. Kamran Murtaza asked the bench to pass an order that Control of Narcotics Substances should not announce the judgment in ephedrine case until the high court expunges the word of 'consent' from its order. The bench after hearing the arguments adjourned the case for an indefinite time.

Copyright Business Recorder, 2018

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