Govt can independently challenge Nawaz stay abroad: LHC

Published January 21, 2020
Former premier Nawaz Sharif's counsel says doctors treating him in London had not so far allowed him to travel. — AFP/File
Former premier Nawaz Sharif's counsel says doctors treating him in London had not so far allowed him to travel. — AFP/File

LAHORE: The Lahore High Court on Monday advised the federal government to independently challenge stay of former prime minister Nawaz Sharif in London if it did not trust his medical reports.

A two-judge bench comprising Justice Tariq Abbasi and Justice Ch Mushtaq Ahmad was hearing a petition by Mr Sharif he had filed last year for bail on medical grounds in the Chaudhry Sugar Mills case and removal of his name from the exit control list (ECL).

At the outset of the hearing, advocate Amjad Pervez read order of a predecessor bench that had on Nov 19 last allowed Mr Sharif to travel abroad for an extendable period of four weeks.

He said the two periodical medical reports of Mr Sharif duly attested by the Pakistan High Commission in London had been filed with the court’s registrar office as directed by the bench in its bail granting order.

Justice Abbasi asked the counsel as to when his client will return or he wanted to contest legal fight from abroad. “There are some others as well wanting to go abroad,” the judge observed in an obvious reference to pending petition by PML-N Vice President Maryam Nawaz seeking one-time permission to go to London to see her ailing father.

The counsel said the doctors treating Mr Sharif in London had not so far allowed him to travel.

“He will return once doctors declare him fit to travel,” he maintained.

Additional Attorney General Ishtiaq A. Khan argued that the permission granted to Mr Sharif by the bench was for four weeks only and he or his guarantor (Shahbaz Sharif) were supposed to approach the court again for extension in the stay.

The bench observed that the government could have approached the court itself if it deemed the extended stay of the petitioner was illegal. It also suggested the law officer to adopt legal course if the government doubted the medical reports of the petitioner.

Advocate Azam Nazir Tarar, another counsel of Mr Sharif, explained to the bench that the petitioner was allowed bail and permission to travel abroad initially for four weeks. He said the bench directed the petitioner to approach the provincial government to seek extension in stay on the basis of medical reports.

He pointed out that the bench had framed several questions to be decided and fixed hearing of the petition for third week of January. If the order was for four weeks only, the bench should have fixed the case for Dec 16, he added.

Additional AG Khan said Mr Sharif appeared to be in good health now since he had been witnessed enjoying meal in restaurants of London.

Advocate Tarar quickly responded to the law officer saying whether the government wanted Mr Sharif to observe fasting.

Justice Abbasi advised both sides against using political statements in the court and to stick to legal points.

The judge directed the petitioner’s counsel to furnish the medical reports to the law officer so that he could file comments on behalf of the federal government. The bench adjourned hearing for a date to be fixed by the office later.

Meanwhile, Maryam Nawaz also filed a civil miscellaneous application in her pending petition to be taken up by the bench on Tuesday (today). She attached, with the application, fresh medical reports of her father.

Published in Dawn, January 21st, 2020

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