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08 April 2004 Thursday 17 Safar 1425




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Shahbaz free to return: SC

By Rafaqat Ali


ISLAMABAD, April 7: A Supreme Court bench on Wednesday allowed president of Pakistan Muslim League (N) Mian Shahbaz Sharif to return to Pakistan and face the cases pending against him.

After hearing the counsel for the petitioner, former judge Malik Abdul Qayyum, Attorney-General Makhdoom Ali Khan and Advocate-General Punjab Shahbar Raza Rizvi, the bench dismissed the two petitions filed by Mian Shahbaz Sharif, and ordered: "The petitioner may come back from abroad subject to the law of the country."

The SC order said that during the course of arguments, the petitioner's counsel had submitted that his client was ready to face the cases registered against him. He also stated that the petitioner would not mind even if he was arrested at the airport on his arrival.

The SC bench consisted of Chief Justice Nazim Hussain Siddiqui, Justice Javed Iqbal and Justice Abdul Hameed Dogar. Mian Shahbaz Sharif had said in his petitions that his fundamental rights were being violated as he was denied access to justice by the state authorities.

He said he had learnt that an anti-terrorism court had declared him an absconder and he wanted to surrender before the court and clear his name. The petitioner's counsel requested the court to allow his client to come back to Pakistan to defend himself.

Attorney-General for Pakistan and Advocate-General Punjab opposed the filing of direct petition under Article 184(3), arguing that there was no justification for filing a constitutional petition in the highest court of the country on the basis of apprehensions and assumptions.

Advocate Malik Qayyum said his client who had been sent out of country against his will, would come back and face the cases to prove his innocence. Asked if he was in possession of any such written order, the counsel referred to certain news reports and said that the reports, if not contradicted, could be relied upon.

Chief Justice Nazim Hussain Siddiqui observed that no citizen could be barred from entering the country and law provided equal protection to every citizen, whether he was Mian Shahbaz Sharif or any other person.


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