LAHORE: The Lahore High Court division bench upheld the single bench’s decision to grant protective bail to former chief minister Parvez Elahi, dismissing the caretaker government of Punjab’s appeal.

This ruling prevents his arrest in any undisclosed case or inquiry on Monday.

The bench comprising Justice Muhammad Waheed Khan and Justice Sultan Tanvir Ahmad passed the order after hearing arguments of Advocate General of Punjab (AGP) Khalid Ishaq and Mr Elahi’s counsel Barrister Syed Ali Zafar. The AGP argued that the relief granted to the respondent (Elahi) by the single bench was beyond the law. He said the respondent had not approached the court for protective bail, which the single bench granted him.

Barrister Zafar argued that the single judge’s order, which granted protective bail to Mr Elahi for both registered and undisclosed FIRs and inquiries, was a valid decision in line with the Constitution and the law.

Physical remand in NAB case extended till 29th

He urged the rejection of the government’s appeal, highlighting that the petitioner, a 74-year-old individual, was facing repeated FIRs aimed at keeping him in custody and away from seeking bail in court.

Barrister Zafar explained that it’s a fundamental legal principle for high courts to provide protective bail to an accused person, allowing them to approach the trial court for pre-arrest bails. He also pointed out that according to the law, entities like the Federal Investigation Agency and the Anti-Corruption Establishment must offer the right to a hearing during inquiries instead of making arbitrary arrests.

After hearing the arguments, the division bench dismissed the appeal of the government and upheld the decision of the single judge granting protective bail to Mr Elahi.

Advocate Amir Saeed Rawn, another counsel for Mr Elahi, told media persons that his arrest in an alleged case of corruption by the NAB had become illegal after the decision passed by the LHC division bench.

Extension of physical remand

An accountability court on Monday extended physical remand of former CM Mr Elahi till Aug 29 in a NAB case of alleged corruption in development projects launched in Gujrat division.

Mr Elahi’s counsel Amjad Parvez told the court that the Lahore High Court was yet to decide an appeal of the government against the bail and stay against arrest granted to his client.

He said the Supreme Court had also ordered the high court to decide the appeal on Aug 21.

Judge Zubair Shahzad Kiyani extended the remand of Mr Elahi till Aug 29 to wait for the decision of the high court.

The judge also ordered the NAB to ensure provision of all lawful facilities including meeting with the family and medical care to Mr Elahi during the remand.

Published in Dawn, August 22nd, 2023