LAHORE - The Lahore High Court on Friday dismissed 25-year-old petition against Prime Minister Nawaz Sharif for his alleged involvement in money laundering, holding that it was non-maintainable.
Justice Farrukh Irfan Khan of the LHC headed the bench including Justice Muhammad Qasim, Justice Ayesha A Malik, Justice Faisal Zaman and Justice Mirza Waqas Raoof.
Barrister Syed Javed Iqbal Jafree, the lawyer-petitioner, has said he would challenge the decision in the Supreme Court. At the outset of the hearing, Barrister Jafree argued that national and Islamic laws required a petitioner to prove the allegations leveled against a respondent. He said Nawaz Sharif already had filed his affidavit in this petition and he should be allowed to cross examine it.
Jafree also argued that in an Islamic country all decisions are made in accordance with Islam and there should be no question of maintainability of petition . On it, Justice Khan observed that courts take up matters in accordance with the law, and if he has nothing to maintain his petition how the court can take it up.
Jafree raised objection over the appearance of a deputy attorney general saying that the law officer cannot appear in the case of Nawaz Sharif to defend him as it was against his person. He also raised objection over members of the full bench that they should not hear this case as they already had heard different cases of the same matter. However, his plea was declined. Jafree also said that no judge could dare indict Prime Minister Nawaz Sharif but one of the members of the bench asked Jafree to argue on the maintainability of the case rather than going here and there.
Earlier on October 21, 2014 a division bench, headed by justice Sayed Mansoor Ali Shah, had referred the case to the chief justice for constituting a larger bench to deal with the case. However, the larger bench could not be formed and during the last week, the case again was fixed before a single bench of Justice Ayesha A Malik who again referred the case back to the registrar’s office for fixing it before a larger bench.
The petitioner alleged that PM Nawaz shifted public money abroad and was involved in horse-trading. He said that the main petition against the money laundering was filed back in 1991 and a larger bench was constituted but a five-member bench heard the case only once. Jafree in his petition had alleged that PM Nawaz was involved in money laundering after plundering the national exchequer. He prayed the court to hold investigation and bring back the money plundered by the prime minister and bar Nawaz Sharif from contesting election in future.
By-polls case: The LHC observed President, Prime Minister, head of political parties and legislators should at least be given permission to support or run campaign of the candidates of their choice in by-polls election. The court further observed that how an election campaign can be called an election campaign if a party head is not present there.
The above observation was given by Justice Mansoor Ali Shah of the LHC in a petition challenging ban on participation of President, Prime Minister, ministers and party heads in election campaign of respective candidates running for by-polls being held in different constituencies.
 The judge also summoned senior officials of the Election Commission of Pakistan to submit reply.
A PTI MPA Mansoor Sarwar had filed the petition and stated that the impugned code of conduct introduced by the ECP was unconstitutional. He said keeping the supporters of the candidates at bay was a violation of fundamental rights. A deputy attorney general stated that the restriction was imposed in order to keep the election process impartial and peaceful and this was done after consultation with different political parties. The court will resume hearing on May 25.