Elahi moves SC against suspension of protective bail

ISLAMABAD: Former Punjab chief minister Chaudhry Pervaiz Elahi on Tuesday requested the Supreme Court of Pakistan to set aside an order passed by the Lahore High Court for being unconstitutional and without lawful jurisdiction, suspending his protective bail.

Elahi filed an appeal in the SC under Article 185(3) of the Constitution through his counsel Barrister Ali Zafar against the order of the Lahore High Court passed on July 17, suspending his protective bail. He has made the Punjab government through its Chief Secretary, Anti-Corruption Establishment Division through its DG, Lahore, Federal Investigation Agency through its DG, Islamabad, National Accountability Bureau through its Chairman, Islamabad, Inspector General of Police, Punjab, Lahore, Capital City Police Officer, Deputy Inspector General (Operations) Lahore and Superintendent of Prison, Camp Jail, Lahore, respondents.

Elahi prayed to the apex court that the leave to appeal be granted against the impugned order dated 17.07.2023 passed by the Lahore High Court and the order be set aside being unconstitutional, illegal, void ab-initio and without lawful jurisdiction. He prayed that the single judge order dated 13.07.2023 be put into effect and protective bail be ensured to the petitioner, starting from the day of his release.

Similarly, Elahi prayed to the apex court that the respondents be prevented from harassing and arresting him in new or unknown cases, pending inquiries without a hearing, or in old FIRs in which protective, anticipatory or post-arrest bails were granted. He pleaded that the Supreme Court decide this matter or alternately request the Lahore court to decide it expeditiously.

He contended that it was a well settled principle of law that the ultimate relief sought by an applicant in a petition or appeal could not be given under the garb of an interim order, because that would mean deciding the case finally at the interim stage without a hearing.