ISLAMABAD: The federal government on Monday urged the Supreme Court to suspend the operation of the Lahore High Court (LHC) order through which Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif has been allowed to travel abroad.
It submitted that the impugned order has been passed with “undue” haste and in an “unprecedented” manner without notice or proper opportunity of hearing to the federal government and others to contest and defend the case which amounts to violation of Articles 4, 10-A and 25 of Constitution.
A single-judge bench of the LHC on 7th May allowed the Opposition Leader in the National Assembly to go abroad.
The appeal filed by the federation contended that the impugned ex-parte mandatory order without notice allowing Shehbaz Sharif to travel abroad is contrary to settled principles of law and the provisions of the Constitution.
It said that the respondent (Shehbaz Sharif) is facing multiple criminal proceedings/trials for “depriving” the people of billions of rupees, in concert with the members of his family and others.
It said the respondent could not be entitled to the privileged treatment accorded through impugned order, which is passed in “violation of law, all cannons of justice and norms of equity and fairness”.
It further submitted that the single LHC judge was not justified, while passing the impugned order without summoning the record, report from the concerned departments or authority was necessary for a just and fair decision of the case.
It said if such orders, allowed to remain in field, shall cause a severe damage to the impartiality, integrity and reputation of the judiciary.
The federation said that while passing the impugned order and granting the main relief sought in writ petition virtually amounting to allowing the entire petition, while deciding the application for grant of interim relief without notice.
The single judge erred in law, while passing the impugned order, when the NAB was not impleaded as a party in the writ petition even though on facts it was a necessary or at least a proper party.
It said that the judge also erred in law in not considering the fact that the respondent who had sought his post-arrest bail on the medical grounds and the same was not accepted by Full Bench of the Lahore High Court, yet he was allowed to travel on medical grounds without questioning or examining the veracity of the assertion of such grounds by the respondent.
“The single judge ignored the material fact that respondent had given undertaking in writ petition on 16-11-2019. “The respondent is guarantor/surety of his brother Mian Muhammad Nawaz Sharif by way of undertaking. “Yet Nawaz Sharif, while living in public gaze and in good health in London and is seen as regularly visiting restaurants and fully engaging in other public activities, remains as absconder from courts.
It said that the single judge erred in law while passing the impugned order on the basis of claimed reservation for medical treatment in London, which has been issued by some private hospital online,” according to appeal.
Copyright Business Recorder, 2021
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