LHC maintains bail for Parvaiz Elahi

LAHORE: A Lahore High Court division bench on Monday dismissed an appeal of the caretaker government of Punjab and upheld a single bench’s decision of granting protective bail to former chief minister Punjab Chaudhry Pervaiz Elahi against his arrest in any undisclosed case or inquiry.

The bench comprising Justice Muhammad Waheed Khan and Justice Sultan Tanvir Ahmad passed the order after hearing arguments of Advocate General of Punjab (AGP) Khalid Ishaq and Elahi’s counsel Barrister Syed Ali Zafar. The AGP opposed the bail arguing that the relief granted to Pervaiz Elahi by the single bench was beyond the law. He said the respondent had not approached the court for protective bail, which the single bench granted him. Barrister Zafar prayed the court to reject the government’s appeal against the bail, arguing that the order of the single bench granting protective bail to Elahi against registered and undisclosed FIRs and inquiries was a valid order passed in accordance with the Constitution and law. He said the petitioner was 74 years old against whom many FIRs had been registered on mala fide purposes of ensuring that he remained in custody and unable to reach the court for the relief of bail.

Barrister Zafar argued that it was a fundamental principle of law that high courts grant protective bail to an accused so they could reach the trial court for pre-arrest bail. He said under the law the Federal Investigation Agency and the Anti-Corruption Establishment could not just arrest anyone but must give them a right of hearing during the inquiry.

Advocate Amir Saeed Rawn, another counsel for Elahi, told media that his arrest in an alleged case of corruption by the NAB had become illegal after the decision passed by the LHC division bench.

Earlier, an accountability court on Monday extended physical remand of Pervaiz Elahi till Aug 29 in a NAB case of alleged corruption in development projects in Gujrat division. Elahi’s counsel Amjad Parvez told the court that the Lahore High Court was yet to decide an appeal of the government against the bail and stay against arrest granted to his client. He said the Supreme Court had also ordered the high court to decide the appeal on Aug 21.

Judge Zubair Shahzad Kiyani extended the remand of Elahi till Aug 29 to wait for the decision of the high court. The judge also ordered the NAB to ensure the provision of all lawful facilities including meeting with the family and medical care to Elahi during the remand.