ISLAMABAD - The Islamabad High Court (IHC) on Wednesday turned down protective bail plea of opposition leader in Sindh Assembly Haleem Adil Sheikh to attend the budget session of the provincial assembly.
A single bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of Haleem Adil’s petition seeking protective bail and rejected the same by imposing fine of Rs5000 (rupees five thousand only) as cost for filing frivolous petition and non-disclosure of relief already granted by this court vide order, dated 20,05.2022.
During the hearing, Justice Athar remarked that the IHC could not interfere in the Sindh High Court’s (SHC) domain and asked Sheikh to approach the respective high court for the bail. He said that PTI leader had already been granted a three-week bail by this court and the lawmaker should have used this time period to file a bail plea in the SHC.
In his bail petition, the PTI leader said that the government wanted to arrest him in fake cases to stop him from attending the budget session and he invoked the jurisdiction of the court seeking protection against acts on part of the respondents likely to prejudice his right to liberty.
The IHC bench observed in its written order that the petitioner has not placed on record copy of any criminal case that may have been registered against him so as to grant him protective bail. He is rather seeking a blanket order to protect him against arrest in order to enable him to surrender before a court of competent jurisdiction in the province of Sindh.
Justice Athar noted that the petitioner was earlier granted protective bail vide order, dated 20.05.2022 and it was valid till 06.06.2022. This crucial fact has not been disclosed by the petitioner in his memorandum of petition.
“Moreover, the court is bereft of territorial jurisdiction to grant blanket protective bail in favour of the petitioner. Since the court had already granted protective bail vide order, dated 20.05.2022, which was valid till 06.06.2022, therefore, he had an opportunity to surrender himself before the court of competent jurisdiction or in case his fundamental rights were threatened, then to approach a constitutional court vested with, territorial jurisdiction in the Province of Sindh,” said the IHC Chief Justice.
He added that non-disclosure of the petitioner regarding protective bail already granted to him by this court in his memorandum of petition does not entitle him to equitable relief nor the prayer can be granted for want of territorial jurisdiction.
The IHC CJ ruled that for the above reasons, the petition is frivolous and dismissed in limine.
A single bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of Haleem Adil’s petition seeking protective bail and rejected the same by imposing fine of Rs5000 (rupees five thousand only) as cost for filing frivolous petition and non-disclosure of relief already granted by this court vide order, dated 20,05.2022.
During the hearing, Justice Athar remarked that the IHC could not interfere in the Sindh High Court’s (SHC) domain and asked Sheikh to approach the respective high court for the bail. He said that PTI leader had already been granted a three-week bail by this court and the lawmaker should have used this time period to file a bail plea in the SHC.
In his bail petition, the PTI leader said that the government wanted to arrest him in fake cases to stop him from attending the budget session and he invoked the jurisdiction of the court seeking protection against acts on part of the respondents likely to prejudice his right to liberty.
The IHC bench observed in its written order that the petitioner has not placed on record copy of any criminal case that may have been registered against him so as to grant him protective bail. He is rather seeking a blanket order to protect him against arrest in order to enable him to surrender before a court of competent jurisdiction in the province of Sindh.
Justice Athar noted that the petitioner was earlier granted protective bail vide order, dated 20.05.2022 and it was valid till 06.06.2022. This crucial fact has not been disclosed by the petitioner in his memorandum of petition.
“Moreover, the court is bereft of territorial jurisdiction to grant blanket protective bail in favour of the petitioner. Since the court had already granted protective bail vide order, dated 20.05.2022, which was valid till 06.06.2022, therefore, he had an opportunity to surrender himself before the court of competent jurisdiction or in case his fundamental rights were threatened, then to approach a constitutional court vested with, territorial jurisdiction in the Province of Sindh,” said the IHC Chief Justice.
He added that non-disclosure of the petitioner regarding protective bail already granted to him by this court in his memorandum of petition does not entitle him to equitable relief nor the prayer can be granted for want of territorial jurisdiction.
The IHC CJ ruled that for the above reasons, the petition is frivolous and dismissed in limine.
