Maryam has no justification to go abroad, govt tells LHC

LAHORE: The federal government told the Lahore High Court on Wednesday Maryam Nawaz has no justification to go abroad as steps are being taken to bring her father back from London.

A two-member bench comprising Justice Ali Baqar Najafi and Justice Tariq Saleem Sheikh was hearing Maryam Nawaz’s petition seeking return of her passport and one time permission to go to London to inquire after her ailing father. At the outset of the hearing, Additional Attorney General Ishtiaq A Khan argued that Maryam’s petition has become infructuous after the Punjab government turned down her father’s request to extend his bail. Maryam’s counsel Amjad Pervez rejected the stance of the government, saying that his client has a right to visit her ailing father abroad.

Justice Najafi, the head of the bench, asked Maryam’s lawyer how could the court proceed on the instant case in such a situation?

Pervez replied that the federal government allowed Nawaz to go abroad for medical treatment following the recommendation of a penal of doctors. To a court query, he replied that Nawaz Sharif would definitely return once he is fully recovered and doctors allow him to travel. He pointed out that a petition is being drafted to challenge the Punjab government’s decision to reject extension in Nawaz Sharif’s bail. Justice Sheikh remarked that apparently the court could not hear Maryam’s petition unless Nawaz Sharif’s petition, which is yet to be filed, for extension is allowed. Justice Najafi asked the petitioner’s counsel what kind of freedom of movement a convict enjoys under Article 15 of the Constitution. The judge noted that the bench would require assistance on laws from international jurisdiction.

Pervez said meeting father for a daughter amounts to perform Umrah. He said his arguments would also cover the rights of a daughter in light of Islam and Hadith.

Additional AG Khan asked the bench to consolidate the matter of Nawaz and Maryam as both involved common questions of law. However, the petitioner’s counsel argued that both cases need to be heard separately.

The bench observed that it will decide this point on next hearing. It also asked the petitioner’s counsel whether he wants to continue with the same petition since the government is taking some steps for the extradition of Nawaz.

He said the case of Maryam is entirely different from Nawaz’s. He said allowing any convict to visit abroad is the jurisdiction of courts.

Earlier, Khan explained to the bench that Attorney General of Pakistan Khalid Jawed Khan could not make his appearance due to his unavoidable engagement before the Supreme Court of Pakistan.

On last hearing, the bench had decided to hear the point of view of the attorney general on points involved in the petition. The hearing was fixed for March 11 after the bench was informed about the availability of the top law officer.

“Should we consider that the attorney general does not want to appear in this case,” the bench asked Khan.

The law officer requested the court to allow a one-time adjournment for the AGP.

The bench allowed the request and observed that it will not wait for the AGP to decide the matter. The bench adjourned the hearing till March 24.