ISLAMABAD - The Islamabad High Court (IHC) Monday turned down a contempt of court petition against Prime Minister Shehbaz Sharif and former premier Nawaz Sharif regarding the latter’s return to Pakistan.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition moved by Zafar Ali Shah, Advocate who invoked the jurisdiction of this court under Article 199 of the Constitution seeking initiation of contempt proceedings against Sharifs. After hearing the arguments of the petitioner, the IHC bench “dismissed in limine” the petition.
The petitioner stated in his petition that Nawaz had gone abroad with the permission of the Lahore High Court (LHC) due to illness and his brother had submitted an affidavit that the PML-N Quaid would return after his recovery but did not return.
He prayed to the court that Nawaz be labelled an “offender” and contempt of court proceedings may be initiated against both of them.
He further stated that Nawaz left the country while he was on bail from the IHC and had been permitted to go abroad by the federal cabinet. Earlier, the IHC office raised an objection regarding maintainability of the petition. However, Justice Athar overruled the objection because the office is bereft of jurisdiction to object or adjudicate upon the question of maintainability of a constitutional petition filed under Article 199 of the Constitution.
He added, “The maintainability of a petition can only be determined on the judicial side by the High Court. The petition, therefore, shall be treated as numbered and the office is directed to process the numbering of the petition accordingly.”
During the hearing, in response to the court’s query, the petitioner admitted that the petition wherein interim order, dated 16.11.2019 was passed is pending before the LHC. Zafar Ali also admitted that the name of Nawaz Sharif was removed from the Exit Control List pursuant to the decision of the Federal Cabinet subject to certain conditions.
The IHC bench observed, “Admittedly, the removal of the name from ECL was not pursuant to an order or direction passed by any court. The conditions imposed by the Federal Cabinet were challenged before the LHC and they were suspended and modified vide an interim order, dated 16.11.2019.”
“It appears that the said order was never challenged either by the Federal Government nor the National Accountability Bureau and, therefore, it stood implemented,” maintained the court. It noted that since the petition wherein interim order, dated 16.11.2019 was passed, is pending before the learned Lahore High Court, therefore, this Court has no jurisdiction to entertain the petition in hand nor to grant the prayers sought therein.
The petitioner after arguing the matter stated that he does not press the petition so that he may approach the competent forum.
Therefore, the IHC bench said in its order that for the above reasons, the petition in hand is not competent and, therefore, accordingly dismissed in limine.