LHC orders to remove Nawaz Sharif's name from ECL

The Lahore High Court has announced verdict on plea seeking removal of Nawaz Sharif's name from ECL.

LAHORE (Dunya News) – While rejecting the objection by federal government on its proposed draft, the Lahore High Court on Saturday ordered to remove name of former premier from Exit Control List (ECL) and allowed him to travel abroad to get health treatment for four weeks.

A two-member bench of LHC comprising Justice Ali Baqir Najfi and Justice Sardar Naeem gave the verdict after hearing the petition filed by PML-N President Shehbaz Sharif on the matter.

The court rejected the condition of indemnity bond to be submitted by Nawaz Sharif.

The federal government had set condition for Nawaz Sharif to pay Rs7 billion surety bond if he wants to travel abroad for medical treatment. The government had also given only one time four-week permission to ailing Sharif to get his medical treatment in London.

Earlier, LHC resumed hearing of the petition seeking removal of Nawaz Sharif’s name from the Exit Control List (ECL) without any conditionality imposed by the incumbent government. 

Shehbaz Sharif and other party leaders were present in the court. The court inquired whether the government’s memorandum has been issued on humanitarian grounds. The LHC asked Sharif’s counsel if his client wanted to submit the indemnity bond or not and subsequently allowed him to ask the PML-N supremo before informing the court about the matter.

The federal government’s lawyer maintained that the state was aware of Sharif’s critical health condition and allowed the removal of his name from the no-fly list on the conditionality of submission of indemnity bond. “The erstwhile premier can submit the bond to the court if he does not want to submit it to the government,” the counsel added.

He argued that the condition of furnishing an indemnity bond was added in order to "satisfy the court".

"We imposed conditions to uphold the writ of the court," he insisted and added that "if the former prime minister wants to go abroad for treatment, he can go for specified period of time".

"The court granted a bail of eight weeks to Nawaz Sharif," he said and added: "If Nawaz Sharif wants to go abroad for treatment, he can go, but first he has to satisfy the court. "If the court is satisfied, we (the government) have no objections."

The bench asked PML-N President Shehbaz, who was in court for the hearing, if he was willing to guarantee that Nawaz will return. To this, Shehbaz said: "Nawaz Sharif will return back after getting treatment.”

“What role will you have in bringing him back to the country?” the court asked Shehhaz. To this, he said: “I am also going with him.”

In his argument in the courtroom, Sharif’s defence counsel pointed out that his client had returned back to the country while leaving his ailing wife [in the UK] and he had never violated courts’ directives.

“Three references had been filed against Nawaz Sharif at the time when he was abroad […] he has always believed in supremacy of the law,” he added.

“Nawaz Sharif appeared before the court in the reference in accordance with orders,” he went on to say, while recalling that the National Accountability Bureau (NAB) had filed reference against Sharif in the light of the Supreme Court of Pakistan’s (SCP) order.

“At the time of filing of the reference, Nawaz Sharif was abroad,” he said, adding that his sentence and fine has been suspended by the court, and if the matter is in the court, the government cannot intervene in it.

“In the trial of 18 months, Nawaz Sharif appeared himself in the court […] he was sentenced to jail in Avenfield Reference […] I am ready to give undertaking that Nawaz Sharif will return back after his rehabilitation,” he maintained.

The court then directed Nawaz Sharif and his brother Shehbaz Sharif to submit a written undertaking about the former prime minister s travel abroad for medical treatment and his return.

Following the court s directions, the PML-N legal team submitted a handwritten draft of the undertaking to the court, which said: "As soon as doctors abroad permit [Nawaz to return], he will come back to the country without wasting a moment."

"Nawaz Sharif will return and face the cases against him in court," it added.

The two-page document pointed out the former premier was leaving the country on the "recommendations of Pakistani doctors".

The hearing was adjourned until 2:30pm. When it resumed, Additional Attorney General (AAG) Chaudhry Ishtiaq A. Khan, representing the government, opposed the undertaking submitted and said it did not mention when Nawaz would leave Pakistan and when he would return.

He argued that the Islamabad High Court (IHC) had granted bail to Nawaz Sharif for a specific time period.

The counsel contended that to ensure the return of Nawaz Sharif, the condition of indemnity bond was placed. He demanded that the petitioners provide a time frame for Nawaz s return.

Khan said that the government had prepared a draft in response to the ones by Nawaz and Shehbaz, under which the government will be able to send, when it deems fit, a medical board abroad to establish whether the former premier could travel or not.

The court clarified that the doctors in United Kingdom would be treating Nawaz while the government s board will do a check up to determine his fitness for travel.

"The board will also submit another application if it finds Nawaz Sharif enjoying a burger in a UK shop," responded the additional attorney general.

The court suggested to mention in Nawaz s draft that his medical reports would also be shared with the government.

Nawaz Sharif can submit the bonds to the court and not the government, if he wants, the counsel added. The bond is not currency, they are just papers of ownership, he said.

Justice Najafi remarked that in his opinion, it was not fair for the government to place conditions after the IHC had granted bail to Nawaz Sharif. If Nawaz s health improves, the federal government s board can examine him, the bench pointed out.

After hearing arguments, the court said it would present its own draft for the undertaking and hand it over to lawyers of both sides.

The hearing was again  adjourned for the time being.

The lawyers of both sides analyzed the draft proposed by LHC.The proposed draft stated that Nawaz Sharif has been given 4 weeks for his treatment but he can avail extension if health condition is not better. It added that the government can contact former premier through foreign embassy.

The federal government had objected to the draft prepared by Lahore High Court (LHC) over the terms of Nawaz Sharif s travel abroad and specifically his return to Pakistan.

The lawyers of government raised objections on the proposed draft saying it did not ask for any guarantee.

On the other hand PML-N president Shehbaz Sharif  gave node to the proposed draft saying they have no objectuion on LHC s draft. He siad they would completely obey the darft prepared by the LHC.

After the hearing resumed the LHC ordered to remove the name of former premier from ECL and allowed him to travel abroad for 4 weeks to get medical treatment.

PML-N leader Shehbaz Sharif after the verdict of LHC thanked nation for prayers and said the court has given its verdict on human grounds. He said there was no need to ask for indemnity bonds from government.

Shehbaz said the court has rejected the condition set by the government.

Earlier on Friday, the LHC rejected the federal government’s stance regarding its jurisdiction to hear the petition seeking removal Nawaz Sharif’s name from the no-fly list.

“The arguments advanced by the learned Additional Attorney General that the conditions mentioned in the impugned memorandum are based upon the judgement pronounced by the Accoutability Court, Islamabad and challenged before the Islamabad High Court, therefore, this court lacks jurisdiction, has not impressed us for the simple reason as it is not the case of Respondent/Federation that the impugned order does not apply in the Province of Punjab and that if the petitioner wants to exit from the territorial jurisdiction of this Court, he would not be stopped,” the two-member bench had stated.

“In this view of the matter, we at this stage hold that this court has the jurisdiction to hear this matter,” the court had stated.

After announcing verdict on maintainability of petition, the high court adjourned case hearing till Saturday (today).

Read details: LHC rejects govt stance, admits plea seeking removal of Nawaz Sharif’s name from ECL

CONDITIONS SET BY GOVT

It may be mentioned that the federal government has set condition for Nawaz Sharif to pay Rs7 billion surety bond if he wants to travel abroad for medical treatment. The government has also given only one time four-week permission to ailing Sharif to get his medical treatment in London.

The new condition has further delayed the three-time former Pakistan PM Sharif’s departure to London as doctors in Pakistan struggle to stabilize his health condition.

Nawaz, who was imprisoned after an accountability court found him guilty in the Al Azizia corruption reference, was granted bail by the Islamabad High Court on humanitarian grounds. He also obtained bail in the Chaudhry Sugar Mills case, in which he is a suspect, from the LHC.