ISLAMABAD - The Supreme Court on Friday rejected an appeal of Pakistan Muslim League-Nawaz leader Hanif Abbasi seeking 10-day delay in the decision of ephedrine case against him.

Abbasi, who is a PML-N’s candidate from the constituency NA-60 Rawalpindi for General Election 2018, has been facing charges of misusing 500kg ephedrine which he obtained for his company ‘Gray Pharmaceutical’ in 2010. Abbasi along with his brother and other accused persons were indicted in 2014 by the CNS Court.

On July 11, the Lahore High Court (LHC) Rawalpindi bench on an application of petitioner Shahid Orakzai ordered that the trial be conducted on day to day basis till July 21.

On July 17, the Supreme Court while observing that the high court had jurisdiction to pass such orders to its subordinate court, dismissed the Abbasi’s petition wherein the LHC’s order was challenged.

Abbasi again approached the top court for grant of time for completion of arguments. A two-judge bench headed by Justice Sheikh Azmat Saeed took up the miscellaneous application for hearing.

During the hearing, Advocate Ghulam Mustafa, on behalf of Abbasi, contended before the bench that the CNS had fixed the case for hearing in August but one Shahid Orakzai moved an application in the high court with mala fide intentions.

The appeal stated that Orakzai’s application could not be fixed before the vacation judge, adding that even otherwise the application was not maintainable.

The appeal added that the application was objected on account of non-maintainability but in strange manner not only the objection was dealt with but used as a tool for antedating the case pending before the CNS.  The high court had also directed the CNS to dispose of the matter prior to elections, adding meaning thereby to keep busy the candidate (Abbasi) of National Assembly in the case which is highly uncalled for.

Advocate Ghulam Mustafa, representing Abbasi, informed the bench that the order passed by the single judge of LHC was against the law and justice, as such not maintainable and liable to be set aside.

He further contended that the question of locus standi of Orakzai was also ignored by high court while passing the order.  He added that the single judge of high court while passing the order exercised the jurisdiction and authority not vested to him. “Hence on this count too, the impugned order is maintainable, as such, liable to be set aside.

“The order impugned herein is an attempt to influence the proceedings before the learned trial court, which otherwise is not the theme of law, hence on this count too, the order impugned here is bad,” he contended.

He said that single judge went out from the scope of Article 203 of Constitution and passed the impugned order in excess of his jurisdiction and authority, hence miscarriage of justice. There are various other illegalities, irregularities herein on the basis of which the same is not sustainable and liable to be set aside.

The counsel further contended that a transparent trial could not be possible in day to day hearings. He requested the bench to grant 10 days time for the arguments in the trial.

However, the bench rejected the application and upheld the order of LHC Rawalpindi bench wherein it directed the CNS to conclude trial by today (July 21).