Nawaz disqualification: LHC declares money-laundering petition inadmissible

Published May 22, 2015
Barrister Javed Iqbal Jafree had filed the petition in 1991 submitting that Nawaz had shifted billions abroad illegally. — Reuters/File
Barrister Javed Iqbal Jafree had filed the petition in 1991 submitting that Nawaz had shifted billions abroad illegally. — Reuters/File

LAHORE: A Lahore High Court (LHC) division bench on Friday dismissed a 24-year-old petition against Prime Minister Nawaz Sharif carrying money laundering charges by declaring it inadmissible.

Barrister Javed Iqbal Jafree had filed the petition in 1991 submitting that Nawaz had shifted billions of rupees abroad illegally.

He had further alleged that Sharif had misused his powers and had made a number of appointments in violation of merit.

After hearing arguments of petitioner Barrister Javed Iqbal Jafree, a five-judge bench headed by Justice Farrukh Irfan Khan ruled that the petition filed 24 years ago was not maintainable under the law.

According to the petitioner, Pakistan is a Muslim country and all decisions should be taken in accordance with Islam. The court had no reason to stick to the petition’s point of maintainability, he argued.

He sought the court’s permission to cross-examine Nawaz Sharif and pointed out that the respondent had already filed an affidavit in the case several years ago.

But the bench observed that courts “decide cases in accordance with law”.

The petitioner objected to the appearance of a deputy attorney general to defend the prime minister in the case and said that a state lawyer could not appear in case relating to personal allegations. He said that two of the judges of the bench had heard his cases and, therefore, they should not sit on the bench hearing the instant petition.

Justice Farrukh Irfan observed that judges’ decisions were not beleaguered, but under the law.

Other members of the bench were Justice Mohammad Qasim, Justice Ayesha A. Malik, Justice Faisal Zaman and Justice Mirza Viqas Rauf.

Barrister Jafree told reporters that he would challenge the LHC decision in the Supreme Court.

Take a look: Money laundering case against PM referred to CJ

The petition accused Nawaz Sharif of laundering over $3 billion, mostly to the UK, where his two sons had acquired precious property. It sought lifetime disqualification of Mr Sharif for alleged money laundering.

Other than calling for action against the premier for alleged money laundering, the petitioner-cum-lawyer had also asked the court to permanently disqualify Sharif from holding public office.

He said the prime minister did not meet the criteria of being a member of Parliament as prescribed in Articles 62 and 63 of the Constitution.

The case had been pending for decades. On April 27 this year, the LHC ordered that a larger bench be formed to hear the high-profile case, as the law requires that cases involving high-profile individuals such as the prime minister be heard by a bench of at least five or seven judges.

Following that, on May 6, LHC Chief Justice Manzoor Ahmad Malik constituted a five-judge larger bench, comprising Justice Muhammad Farrukh Irfan Khan, Justice Ayesha A. Malik, Justice Muhammad Qasim Khan, Justice Faisal Zaman Khan and Justice Mirza Waqas Rauf, to hear the 1991 petition that sought Nawaz's disqualification.

Earlier also, a division bench had referred the petition to the chief justice for the formation of a full bench. The unavailability of required number of judges was why the petition had remained pending for so long.

Also read: Larger bench sought for PM money laundering case

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