ISLAMABAD   -   The Islamabad High Court (IHC) on Monday turned down a petition seeking court’s directions to government to stop it from issuance of diplomatic passport to PML-N Quaid and former prime minister Nawaz Sharif.

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition moved by a lawyer Naeem Haider Panjutha who also sought court’s directions to the relevant authorities to immediately arrest the former prime minister on his return to Pakistan from London as Nawaz is a convict and court absconder and produce him before the court of competent jurisdiction.

The IHC bench noted that the court has no reason to doubt that the federal government would act or pass an order or direction which may be in derogation to the principles and law enunciated by the august Supreme Court.

Justice Athar said, “For the above reasons, the petition is based on unreliable material and is, therefore, frivolous. The petition is dismissed in limine and an amount of Rs5000 is imposed as costs on the petitioner. The cost is ordered to be deposited with the Deputy Registrar (Judicial) of the court within fifteen days from the date of receiving a certified copy of this order.”

In this matter, the petitioner invoked the jurisdiction of the court seeking a writ directing the federal government to refrain from issuing a diplomatic passport in favour of Mian Muhammad Nawaz Sharif.

The counsel argued that the latter was convicted and has been declared as an absconder by a competent court and, therefore, an extraordinary benefit/facilitation cannot be extended by the state.

In response to the court’s query, the lawyer referred to various reports published in daily newspapers to show that the federal government has decided to issue a diplomatic passport in favour of Mian Muhammad Nawaz Sharif. However, he could not show any order, direction or notification issued by the federal government in this regard.

The IHC bench noted that no evidentiary value is attached to the press reports and no reliance can be placed on it when a person claims a legal right on its basis. Justice Athar said, “It is settled law that courts do not decide cases on the basis of press reports.”

“Moreover, the law regarding how a convicted person, declared as an absconder by a competent court, is to be dealt with has been enunciated by the august Supreme Court in the judgments reported as “Hayat Bakhsh and others v. The State” and “The State through National Accountability Bureau, Islamabad v. Haji Nasim-ur-Rehman,” said the IHC Chief Justice.

He maintained, “It is obligatory on a convicted person who has been declared as an absconder to surrender to the order of imprisonment. An absconder, therefore, has to be dealt with in accordance with law.”

The petitioner filed the petition referring to media reports that said Nawaz was being issued a diplomatic passport on the instructions of newly-elected PM Shahbaz. He specified that the instructions for the issuance of the diplomatic passport were given to the interior and foreign affairs secretaries.

He said that convict Nawaz Sharif is a court absconder who was convicted by learned NAB Court for corruption and his appeal has been dismissed by this court and it is violative of law, a mockery of the justice system and disgrace to the nation if a diplomatic passport is issued to a convict.

He said that the illegal, unlawful act of respondent no.1 (Secretary Interior) and respondent 2 (Deputy Secretary Ministry of Foreign Affairs) for issuance of the Diplomatic Passport to a convict and court absconder is not sustainable in the eye of law.

He added, “The issuance of a diplomatic passport to a convict is tantamount to bestowing respect, state protocols and dignity to a convict and if the convict is a court absconder it becomes a disgrace to the entire judicial system of the country.” The petitioner adopted that the act was also “against the spirit of the Constitution and against the fundamental rights whereby it has been guaranteed to every citizen that they will be treated equally and if the court absconders get such a lucrative travel document for life will be the mockery of the system.”

He maintained that the country’s courts had held that a fugitive would lose all rights a normal person was entitled to, adding that Article 25 of the Constitution had set clear standards against discrimination against citizens.

Therefore, he prayed to the court to stop the government from the issuance of a diplomatic passport to Nawaz, direct the Establishment Division secretary to arrest him immediately upon his arrival in Pakistan and produce him before a court.

He also requested the court that during the pendency of this petition, [a] diplomatic passport shall not be issued to Nawaz.