ISLAMABAD: The Supreme Court questioned how and under what law the high court could pass omnibus orders for the release of former chief minister Punjab Chaudhry Pervaiz Elahi in a habeas corpus case.
A three-judge bench headed by Justice Sardar Tariq Masood and comprised Justice Mansoor Ali Shah and Justice Mussarat Hilali heard an appeal of former chief minister Punjab Pervaiz Elahi against the verdict of a division bench of the Lahore High Court (LHC).
A two-member bench headed by Justice Ali Baqar Najafi, on July 17, this year had suspended a single bench’s decision. A single bench of the high court on July 14 prohibited the authorities from arresting the former Punjab chief minister in any undisclosed case. Therefore, the Punjab government filed an intra-court petition.
Justice Mansoor Ali Shah asked Elahi’s counsel to identify what legal sanctity in passing a blanket order in unknown FIRs, and what is the scope of an order passed in habeas corpus. Khosa was directed to file any judgment that deals with passing blanket orders.
During the proceeding, Justice Mansoor repeatedly inquired from the counsel what the high court does in habeas corpus cases, and when the person is recovered from illegal detention what kind of orders are passed? Khosa replied the High Court did the same thing what the Supreme Court did in Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s case. Justice Tariq inquired is it not that case, wherein, the clock was reversed.
Justice Mansoor questioned whether the high court could grant blanket bail. The accused is not presented before the court in bail matter, but he is granted bail. Whether the high court can pass an order not to arrest an accused in cases which are not before it or could bail be granted without appearing of the accused before the court.
Justice Tariq asked the counsel to show the LHC’s order where the judge ordered that Pervaiz Elahi should be provided protection and LHC Registrar escort him to his destination. He said how the High Court judge could grant blanket bail, adding under what law the court can say that the accused will not be arrested in any other case. Then it means to give a licence to commit crime. He said suppose, a court in a bail matter, passes an order that the accused will not be arrested in any case. The accused person after getting that order comes out of the court and kills two persons. The police would hesitate to arrest him because of that order.
Justice Mansoor said we are ignoring the fundamental rights. He told the lawyer that the bench would consider all his submissions in accordance with the law, adding the appeal has become infructuous as the high court has provided him relief.
Latif Khosa responded if the court thinks that the petition has become infructuous now then what would be the fate of this country. Upon that, Justice Mussarat Hilali said the fate of Pakistan is not associated with a few people.
Khosa argued that there is grave abuse of the law and the violations of the court orders. The courts say the person should not be arrested as he has been an ex-CM and octogenarian. He (Elahi) should be provided details of all cases registered against him. He was picked up by the Islamabad police in plain clothes out of the LHC premises like a sack.
He said the situation in the country has become like that of held Kashmir. Justice Tariq stopped him from saying that and told him not to draw a comparison of this situation with the held Kashmir Indian soldiers are stationed there (IHK).
Copyright Business Recorder, 2023
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