Govt to file appeal against LHC’s Shehbaz Sharif verdict
The government will appeal the Lahore High Court’s decision regarding the removal of Shehbaz Sharif’s name from the blacklist, reported 24 News HD TV Channel on Sunday.
The appeal will be submitted to the Supreme Court on Monday (tomorrow).
According to sources, the legal team of the government has prepared a petition challenging the LHC verdict regarding the exclusion of PML-N President Shehbaz Sharif’s name from the blacklist. The petition contains 12 legal questions and it throws light on some of the facts.
The main points of the petition have been revealed.
The petition is being submitted under Article (3)185 of the 1973 Constitution.
The petition asks a question whether a respected, learned judge could allow a petitioner to leave the country without issuing any notice to the concerned department or authorities.
Whether an old interim order that could affect the petitioner’s plea, a writ petition which was based on contentious questions, could it be approved by a single respected judge.
That a person who is facing criminal charges of billions of rupees fraud and he will be on bail, can he be allowed to leave country without intimating or prior knowledge of the trial courts?
That a person whose bail application on medical grounds was rejected by the learned judges of LHC, how could be allowed to leave the country without the approval of his medical reports by some authentic medical board?
That a person who belongs to the family of absconders and himself a guarantor, how could he be allowed to leave the country?
Whether the plea submitted by the petitioner to the LHC was maintainable or the hearing was conducted without listening to the NAB’s arguments on the basis of which the petitioner was to be stopped from leaving the country?
Some facts were also deliberated in the petition:
It is stated in the appeal that the petitioner had already submitted a writ petition No.30681/2021 to the LHC in order to remove his name from the black list and to get additional relief with regard to leaving the country.
That the writ petition on objection was fixed for hearing before a single judge of the LHC.
That the learned judge returned the petition to the office with his observation that court’s decision regarding objection should be attached with the main application.
That the office fixed the hearing of the case immediately on May 7, 2021. The case was heard the same day at 12 noon and deputy attorney general was asked to come. When he came, the court asked him to get instructions from the concerned department but the Dy AG was given just 30 minutes time.
That the case was taken up again at 12:40pm. The deputy attorney general told the court that due to coming Eid holidays, Friday and last day of business activities before the lockdown, no relevant officers were available in such short time.
In the meantime, the lawyer of the petitioner presented the airplane ticket and told the court that the petitioner had purchased a ticket for May 5, 2021 as he intended to go abroad on medical grounds.
Though Deputy AG reminded the learned court that the petitioner was a guarantor in Nawaz Sharif’s case and it was hard to ascertain that time in which list the petitioner’s name did exist– ECL, black list or PNIL. But the learned judge quickly gave permission to the petitioner that he could leave the country.