Govt withdraws appeal against LHC order

ISLAMABAD: The federal government on Wednesday withdrew its appeal in the Supreme Court, challenging the order of the Lahore High Court, passed on May 7, granting one-time permission to Leader of the Opposition in the National Assembly and PML-N President Mian Muhmmad Shehbaz Sharif to travel abroad for medical treatment.

The government withdrew its appeal against the decision of the Lahore high Court on the assurance that the respondent Mian Shehbaz Sharif will not pursue contempt of court proceedings against institutions for not allowing him to go abroad. A two-member bench of the apex court, headed by Justice Ijazul Ahsen and Justice Sajjad Ali Shah, disposed of the matter after the federal government withdrew its appeal against the decision of the Lahore High Court of May 7, 2021.

Appearing on notice, Attorney General for Pakistan Khalid Jawed Khan submitted that the Federation’s petition may be disposed of with an observation that order dated 24.05.2021, which was passed on an application in writ petition filed by Mian Shehbaz Sharif seeking initiation of contempt of court proceeding and which was later on withdrawn, will not be used as a precedent, says the court order issued in the case. The court held that when confronted with the position that the writ was withdrawn reserving respondent No.1's right to initiate contempt proceedings, Azam Nazeer Tarar, learned ASC for Mian Shehbaz Sharif, submitted that Shehbaz was not interested in pursuing contempt proceedings in any forum against the alleged violation of the order passed by the learned High Court on 07.05.2021, which is impugned through this petition. “It is clear and obvious to us that there is no live issue in the matter, in view of the fact that writ petition has since been withdrawn," says the order of the court. The court observed that order dated 24.05.2021, which was in the nature of an interim order, shall not be used as a precedent in any future proceedings. “This order shall however not prejudice the rights of either side, in case, they wish to challenge orders passed/proceedings initiated or notifications, etc issued subsequent to the present proceedings before the fora of competent jurisdiction," the court noted down in its order.

In order to examine other material that was summoned vide our order dated 25.05.2021, the court directed the Registrar, Lahore High Court, Lahore, who was present in court to ensure that the entire record is placed on the file for examination of this court. Similarly, the court directed to appoint Presiding Officer at Accountability Courts with the requirements of the National Accountability Ordinance and the proceedings “In view of the concerns expressed by both sides and orders earlier passed by this court in different matters, we are sanguine that the Accountability Courts where Presiding Officers have not so far been appointed despite orders of this Court will be appointed expeditiously and in accordance with the requirements of the National Accountability Ordinance and the proceedings in all such matters shall be completed, expeditiously, with due diligence and without undue delay,” says the order. Later, the court disposed of the case.

Earlier, during the hearing, Justice Ahsan observed that the high court did not give the attorney general's office adequate time to file a reply. The judge questioned as to whether the petition of Mian Shehbaz Sharif was fixed for hearing according to the system. Registrar of the High Court submitted that it was decided that a decision on the objection would be taken during the hearing adding that the objection was filed at 9:30am and the case was heard at 11:00am. At this, Justice Ijazul Ahsen observed that the government's counsel was given only 30 minutes to prepare. The judge inquired as to how many cases were heard during the past year at 12pm on a Friday.

The Federation of Pakistan, through Secretary Ministry of Interior, had challenged in the Supreme Court the order passed by the LHC on May 07 in Shehbaz Sharif's petition challenging the placement of his name on the blacklist/no-fly list. A single bench of the Lahore High Court, led by Justice Ali Baqar Najafi on May 07, had granted one-time permission to the Leader of the Opposition in the National Assembly and PMLN President Shehbaz Sharif to go abroad for treatment.

However, FIA’s immigration officials at the Lahore airport barred him from boarding a flight to Qatar since his name put on the Provincial National Identification List. Subsequently, Shehbaz moved the plea in the court for implementation of its May 7 order. Later on, Mian Shehbaz Sharif had filed an application in the LHC for withdrawal of both of his applications.

The LHC the other day disposed of Shehbaz Sharif’s plea challenging the government’s move to place his name on a blacklist and seeking implementation of a court order that permitted him to travel abroad on medical grounds. Justice Baqir Najafi disposed of the civil miscellaneous application moved by the PML-N president dismissed as withdrawn.