LAHORE: Justice Sardar Ahmad Naeem of the Lahore High Court on Wednesday admitted for regular hearing a petition seeking registration of high treason case against former prime minister and head of his own faction of Pakistan Muslim League, Nawaz Sharif, for making speeches against judiciary and other state institutions.
The judge directed Defence police station Station House Office (SHO) to submit a report on the petition till October 9.
A resident of DHA Lahore, Jawad Ashraf, moved the petition submitting that on July 28, a five-member bench of Supreme Court disqualified Nawaz Sharif from prime minister’s office for failing to declare a salary which he reportedly had not withdrawn as an executive of Dubai-based company of his son as an asset while filing his nomination papers in 2013 general elections. He said that Nawaz Sharif after his disqualification had taken out a rally in August from Islamabad to Lahore during which he made speeches criticising the judiciary and passed inappropriate remarks against judges and other state institutions.
He said that Nawaz Sharif had also levelled allegations against the members of the joint investigation team formed by the Supreme Court to probe into his offshore assets.
He submitted that Nawaz Sharif had committed sedition by trying to defame judiciary and the security institutions of the country. He said that the disqualified prime minister had also been trying to incite people against the state institutions whereas according to the law every person, even the government functionaries, was required to respect and obey orders of the courts with due dignity for the institution.
The petitioner said that Nawaz Sharif’s remarks against state institutions are tantamount to committing treason. The petitioner said that he had also submitted an application to the police for registration of a high treason case against Nawaz Sharif but so far no action had been taken.
He requested the court to issue directions to the police to lodge a high treason case against the former prime minsiter.
NAB court authority to issue arrest warrants of suspects challenged: Advocate Muhammad Azhar Siddique on Wednesday filed a petition before the Supreme Court of Pakistan challenging the authority of the accountability courts to issue arrest warrants for procuring attendance of the suspects.
He moved the petition before Lahore registry of the apex court. He stated that an accused is always innocent until proven guilty and on the basis of principles of settled laws after filing of a reference, accountability court has no jurisdiction to ask an accused for bail for the purposes of procuring attendance.
He stated that this power of the accountability courts was a violation of the National Accountability Ordinance, 1999. He stated that that under sections 90 and 91 of the Code of Criminal Procedure, 1898, the trial court has the power to procure attendance by adopting procedure as prescribed therein and the accountability courts in Sindh province only can ask for bail before arrest.
He stated that Section 24 of the NAB Ordinance 1999 prescribes special procedure for the purpose of initiation of trial proceedings but the accountability court lacks jurisdiction to procure attendance after getting a bail from the high court. He stated that in other provinces the accountability courts always ask for bailable warrants and after submission of surety bonds they allow the accused persons to appear before the courts.
He stated that the Supreme Court had already laid down that even in heinous crimes the power to arrest an accused rests with investigating officers and trial court has nothing to do with the arrest of the accused especially under the NAB laws in view of Section 24 of the ordinance.
The petitioner stated that the power of arrest was only meant for the purpose of inquiry and investigation and not as a punishment, therefore, a trial court without conviction cannot force the accused for bail before arrest or to send him to jail. He stated that the accountability courts have no power to grant bail so the issue of non-bailable warrants for arrest of accused persons are illegal and without jurisdiction.
Published in Daily Times, October 5th 2017.
