Govt withdraws appeal against LHC order allowing Shehbaz to go abroad

ISLAMABAD - The federal government Wednesday withdrew an appeal against the Lahore High Court (LHC) order allowing Pakistan Muslim League-Nawaz (PML-N) President Shahbaz Sharif to travel abroad.

A two-member bench of the apex court comprising Justice Ijaz ul Ahsan and Justice Sajjad Ali Shah heard the federation’s appeal. The Court noted that since the writ petition has been withdrawn by Shahbaz Sharif, therefore, there is no live issue in the instant matter and disposed of the case. It said that the LHC interim order dated 24-05-2021 shall not be used as a precedent in any future proceedings.

During the hearing, Attorney General for Pakistan Khalid Jawed Khan informed that Shahbaz Sharif has withdrawn contempt petition against the federal government therefore it does not press its appeal against the LHC verdict. He, however, submitted that the case be disposed of with the observations that LHC order dated 24-05-201, which was subsequently withdrawn will not be used as a precedent.

Senator Azam Nazir Tarar, representing Shahbaz Sharif, submitted that his client is not interested in pursuing contempt proceedings in any forum for alleged violation of the order passed by the LHC on 07-05-2021.

The SC order observed that the counsel undertook that his client will not pursue directly or indirectly any contempt proceedings against the petitioners or any functionary of the petitioners before any forum for alleged violation of order dated 07-05-2021 passed by the LHC in writ petition.

The apex court said that its 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 forum of competent jurisdiction.

The attorney general told that the LHC had transferred Accountability Court judge, who was conducting trial of Shahbaz Sharif. Nazir Tarar said that the government can appoint another judge in the Accountability Court.

The bench hoped that the Presiding Officers will be appointed expeditiously in the Accountability Courts where the seats are vacant so that the cases are completed, expeditiously, with due diligence and without undue delay.

Earlier, Justice Sajjad inquired from Nazir Tarar whether his client sill wanted to go abroad. Justice Ijaz said the LHC judge did not grant time to federation’s lawyer to submit reply.

The Registrar LHC informed that as per rule Shahbaz Sharif application was fixed for removal of objections. It was decided that the objections against the Registrar Office will be decided with the writ petition. He told that the objections on the application were raised on 24-05-2021 at 09:30 and at 11:30 the petition was heard.

Justice Ijaz said the federation lawyer was granted 30 minutes to get instruction. He inquired that in the last one year how many cases were heard on Friday at 12:00. He said that the court was also informed that in how many cases relief provided ex parte. The judge noted that the High Court did not inquire whether Shahbaz Sharif’s name is on the black list.

Justice Ijaz further inquired from the LHC Registrar whether such kind of interim order can be passed as it was done in the instant matter. The Court directed Registrar LHC to provide record of the order dated 25-05-2021 for their perusal.

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