LAHORE, Feb 11: A special appellate division bench of the Lahore High Court on Monday dismissed a petition claimed to be filed on behalf of former minister Faisal Saleh Hayat seeking stay of trial pending in the accountability court.
The petitioner who surrendered himself to the accountability court recently had moved an application in absentia in the court that his trial be stayed and held in abeyance. He had relied on the interpretation of the Supreme Court’s remarks in Asfandyar Wali’s case to argue that a 30-day notice was mandatory and since the same was not given, therefore, the trial held in abeyance.
The accountability court had rejected the plea on the ground that Faisal Saleh had not appea-red and was evading the court.
NAB’s deputy prosecutor general Ahmer Bilal Soofi opposed the same and contested that the petitioner was trying to obtain indirectly observations to influence the judicial discretion of the judge. He further requested the petition be dismissed.
During the course of argument, Justice Mian Nazir Akhtar noted that Faisal Saleh was not a party to the petition and neither the petitioners were party to the application moved before the trial court. It concluded that the petitioners had no locus standi to file the present petition. In view of the same, the bench dismissed the petition.
BAIL PLEA REJECTED: A special appellate division bench dismissed petition for the grant of bail filed by health department official Fida Husain.
Earlier, the court had allowed the accused to be admitted to the BV Hospital, Bahawalpur, on the pleas of ailment. The court had also taken notice of delay in the trial progress.
The deputy prosecutor general informed the court that more than 26 witnesses had been completed, and the trial court was proceeding almost on the day-to-day basis. He also argued that there was no requirement of releasing the accused on bail since now the trial would conclude shortly.
The court also noted that the petitioner’s counsel did not appear. Consequently the bench dismissed the petition for the grant of bail for non-prosecution after recording the progress in trial.—APP