ISLAMABAD: The local PML-N leader Hanif Abbasi is in hot waters as the Islamabad High Court (IHC) observed that being a convict he is not entitled to hold the public office.
IHC Chief Justice Athar Minallah, hearing the petition filed by the former minister for interior Sheikh Rashid Ahmed challenging Mr Abbasi’s appointment as special assistant to the prime minister (SAPM) for being convict in ephedrine case suggested to the Prime Minister Shehbaz Sharif to reconsider the decision of his appointment as SAPM.
After a preliminary hearing, the court directed the Cabinet Division secretary to “place the matter before the prime minister.
In case the conviction has not been set aside then the prime minister will be expected to reconsider the appointment of Respondent No 2 [Hanif Abbasi].”
Suggests PM to reconsider his appointment
The petition pointed out that the Anti-Narcotics Force (ANF) on July 21, 2012 registered FIR against Abbasi under Section 9-C, 14 and 15 of the Control of Narcotics Substance Act, 1997 for selling 500kg ephedrine to drug smugglers instead of using the controlled chemical in medicine, etc.
The CNS court on July 21, 2018 found Abbasi guilty of selling 500kg of ephedrine to narcotics smugglers and imposed a fine of Rs1 million on the PML-N leader along with the life sentence.
Seven other accused were acquitted in the case.
The sentence, however, was suspended in April 2019 while appeal against conviction is still pending before the Lahore High Court.
The court noted that “suspension of the sentence by an appellate court does not in any manner affect the conviction. The distinction between “conviction” and “sentence” has been highlighted in the judgement passed by the Supreme Court in the case of Nawaz Sharif that discussed the President’s power to pardon the convict.
The apex court has held that effect of grant of pardon, even in full, was not the same as an order of acquittal by a court of law.
“In the case in hand, it appears that the appeal against the conviction is pending before the learned Lahore Hiigh Court while sentence has been suspended” the court order states adding “the conviction, therefore, remains undisturbed.”
The court observed: “If so, then it, prima facie, appears that a person cannot hold a public office as long as the conviction has not been set aside by a competent court through a judicial process.”
Further hearing in this matter has been adjourned till May 17.
Sheikh Rashid in the petition had pointed out that the LHC vide order dated April 11, 2019 “only suspended the sentence of the Respondent No. 2 [Abbasi] and not the conviction” adding that “the conviction stood intact for all intents and purposes.”
Explaining the difference between the conviction and suspension of sentence, the petition stated that “in criminal jurisprudence, there is indeed a marked difference between conviction and sentence. Conviction is finding someone guilty positively of the offence(s) charged with whereas sentence is the punishment (imprisonment or fine or both) for being guilty of that offence.
Subsequently, Abbasi “is disqualified from holding the public office”, the petition said.
It said “in the middle of April 2022, due to change in regime, a new government was formed and Respondent No 2 was appointed as the special assistant to the prime minister.”
The petition termed the appointment as illegal, unlawful and unconstitutional as he is inherently disqualified from holding this prestigious public office.”
The petition requested the court to set aside the notification for the appointment of Mr Abbasi as SAPM.
Published in Dawn,May 10th, 2022
