Permission to travel abroad: SC questions LHC urgency in taking up Shehbaz case

ISLAMABAD: The Supreme Court of Pakistan on Tuesday questioned the urgency of the Lahore High Court (LHC) in taking up the case of PML-N President Shehbaz Sharif and then allowing him to travel abroad.

The court issued a notice to Leader of Opposition in National Assembly and President Pakistan Muslim League-Nawaz (PML-N) Shehbaz Sharif and other respondents and summoned the case record from the Lahore High Court (LHC).

A two-member bench of the apex court headed by Justice Ijazul Ahsen and Justice Sajjad Ali Shah admitted for regular hearing the appeal of the federal government against the Lahore High Court May 7 order, granting one-time permission to Shehbaz Sharif to go abroad. The court directed the Lahore High Court (LHC) to submit the entire record of the case regarding the filing of the petition by Shehbaz Sharif and details into its immediate hearing.

The federation of Pakistan, through the secretary, Ministry of Interior, had challenged in the Supreme Court the order passed by the Lahore High Court on May 07 in the petition filed by Shehbaz Sharif challenging the placement of his name on the blacklist/no-fly list

On Tuesday, Attorney General Khalid Javed questioned the procedure adopted by the Lahore High Court and expressed concerns over the speedy proceedings of the high court while taking up the case of Shehbaz Sharif and giving its decision as well. He submitted that on the Jumatul Wida, objections were raised on the petition of Shehbaz Sharif, which were removed and the same day the high court gave the decision without hearing the federation. “We respect the respondent Shehbaz Sharif as leader of opposition but law is equal for all”, the AG contended.

Justice Ijazul Ahsen inquired as to how work could be done so early, adding that even in case of emergency, the chief justice mentions the reasons. Justice Sajjad Ali Shah asked the attorney general as to how the appeal of the federation could be entertained when Shehbaz Sharif has already withdrawn his application from the high court.

The attorney general replied that the high court while dismissing as withdrawn the petitions of Shehbaz Sharif did not withdraw the matter of going abroad, adding that the contempt petition is still pending, therefore the respondent can seek remedy through it.

Justice Ijazul Ahsen asked whether Shehbaz Sharif had any medical emergency when the court took up the matter immediately.

The attorney general replied that earlier, the bail application of the respondent sought on medical grounds had been rejected. Similarly, he contended that the judge passed the order when the there was no authentication report of any authorized medical institution which established that Shehbaz Sharif required immediate medical treatment abroad. He submitted that the high court was not justified in law while passing the impugned order without providing notice and proper opportunity of hearing and granting due time for seeking instruction from the concerned department and authority.