01 June 2004	Tuesday	12 Rabi-us-Saani 1425

LAHORE, May 31: The Pakistan Lawyers Forum has submitted a constitutional writ petition in the Lahore High Court challenging the deportation of PML-N president Mian Shahbaz Sharif.

The forum has termed the deportation 'abduction' and in contravention of several provisions of the Constitution.

Filed through Advocate A.K. Dogar on Monday, the petition sought a court injunction against the federal government that the act of sending Shahbaz Sharif back on May 11 was unconstitutional, unlawful and interfered with the liberty of a citizen of Pakistan.

Citing a Supreme Court decision of May 8 that Shahbaz Sharif had a constitutional right to return and live in Pakistan, the petition said the apex court also declared that the government had not produced any agreement under which the former chief minister of the Punjab was forced to live in exile.

The petitioner submitted that the government had incurred an act contemptuous of the apex court's decision. It submitted that Shahbaz Sharif was physically overpowered and thrown into another plane and the act amounted to abduction in terms of Sections 362 and 365 of the Pakistan Penal Code.

Another point raised in the petition was that by deporting Shahbaz Sharif, the government had deprived him of facing trial in a criminal case which denied him the right to access to justice.

JUDGE: Justice Syed Zahid Husain of the Lahore High Court on Monday observed that a judge was disqualified from determining any judicial issue in which he might be suspected to be biased.

He made the observations while hearing a writ petition against the jurisdiction of an additional district and sessions judge to hear an appeal against the decision he gave as a senior civil judge some years ago.

The judge issued a decree against the Pak-American Fertilizers in a case as a senior civil judge. The firm filed an appeal with the district and sessions judge which was referred to an additional sessions judge who happened to be the judge who had decreed the case against and was promoted as an additional sessions judge.

Justice Zahid sent the petition to the district and sessions judge for marking the appeal to another judge with the observation that hearing of appeal by the judicial officer who had heard the case at the trial stage and given a decision, was against the principles of natural justice.

PLEA DISPOSED OF: DIG Tariq Saleem deposed in the Lahore High Court on Monday that Constable Faryad Ali was already in police custody after being charged with murdering Samuel Masih, a blasphemy accused, at the Gulab Devi Hospital last week.

The DIG was making his submission during the proceedings of a writ petition filed by Samuel's brother, Sarfraz Masih. The high court disposed of the petition as his counsel Pervaiz Chaudhry did not seem to be interested in pressing for his plea that Samuel Masih be given protection from another attack on his life.