LAHORE/ISLAMABAD - Opposition Leader in the National Assembly Mian Shehbaz Sharif filed a contempt petition in the Lahore High Court (LHC) against the authorities for stopping him from flying abroad despite the court orders.
He stated in the petition that the Federal Investigation Agency (FIA) stopped him though the court had allowed him to travel abroad for eight weeks in connection with his medical check-up. He submitted that the action was a clear contempt of the court and pleaded with the court to initiate the contempt proceedings against the FIA authorities. Shehbaz Sharif also filed a civil miscellaneous application for implementation of the court orders.
The federal government Monday filed an appeal in the Supreme Court against the Lahore High Court (LHC) order allowing Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif to go abroad.
In the appeal, the federal government adopted that the order, allowing Shehbaz Sharif to travel abroad, was contrary to the settled principles of law and the provisions of the Constitution.
It was May 7 when a single bench of the LHC had allowed the PML-N president to go abroad.
It was contended in the appeal that the respondent is facing multiple criminal proceedings for depriving people of billions of rupees in concert with the members of his family and others.
It said that the respondent could not be entitled to the privileged treatment accorded through the impugned order which was passed in violation of the law and all cannons of justice and norms of equity and fairness.
The federal government further stated in the appeal that the single member bench was not justified while passing the impugned order without summoning the record or any report from the departments concerned which was necessary for the just and fair decision of the case. It said: “If such orders are allowed to remain in field, they will cause a severe damage to the impartiality, integrity and reputation of the judiciary.”
It continued that the single judge had erred in the law while passing the order when the NAB was not impleaded as a party in the writ petition even though it was a proper party.
It further said that the single judge had also erred in the law by not considering the fact that the appeal of the respondent was not accepted by Full Bench of the Lahore High Court. In spite of that he was allowed to travel abroad on medical grounds without any question about the veracity of his appeal for bail.
The government’s appeal argued that the single judge ignored the fact that the respondent had given undertaking in writ petition on 16-11-2019. The respondent is the guarantor of his brother Nawaz Sharif by way of undertaking. Yet, Nawaz Sharif is in good health and seen visiting restaurants and engaging in public activities in London, he remains an absconder from courts.
It said that the single judge had erred in the law while passing the impugned order on the basis of claimed reservation for medical treatment in London which has been issued by some private hospital online.
The federal government prayed to the Supreme Court to suspend the operation of the impugned order of the LHC.
It submitted that the impugned order had been passed with undue haste and in unprecedented manner without notice or proper opportunity of hearing to the federal government and others to contest and defend the case which amounts to violation of Articles 4, 10-A and 25 of the Constitution.