–Justice Khosa says govt itself allowed former PM to leave country, LHC had set modalities only
–Tells Imran to recall times when judiciary sent a prime minister home and disqualified another
ISLAMABAD: Chief Justice of Pakistan (CJP) Asif Saeed Khosa on Wednesday said that Prime Minister Imran Khan’s government itself allowed former prime minister Nawaz Sharif to leave the country on account of medical treatment as he responded to the premier’s remarks on the disparity of laws in the country.
Prime Minister Imran had asked Chief Justice Khosa and puisine judge of the Supreme Court (SC), Justice Gulzar Ahmed to come forward and restore public confidence in the judiciary.
In his address, the premier had also said that speedy and quick justice for all would lay the foundation of the country’s new system based on the principles of ‘Riasat-e-Madina’.
The PM said there was a perceived disparity in how the powerful and common people were treated in the country’s judicial system. He said he was ready to support the judiciary to change the perception and restore public confidence in the institutions.
These remarks didn’t go down well with the chief justice, who urged the prime minister to refrain from blaming the judiciary, as the Lahore High Court (LHC) only set modalities after the government allowed the ex-premier to exit Pakistan on account of failing health.
The CJP said that the prime minister should refrain from issuing such statements as he is the chief executive of the government.
“The particular case that the respected prime minister referred to, I do not want to comment on that. But he [PM Imran] should know that they themselves allowed somebody [Nawaz Sharif] to go abroad. The debate in the high court was only over modalities. Please be careful [with statements].”
“Do not taunt us regarding the powerful,” the chief justice said, adding that everyone is equal before the law.
“Do you not remember that we convicted a prime minister [Nawaz Sharif] and disqualified another prime minister [Yousuf Raza Gilani]?” Chief Justice Khosa said. He said a case concerning former army chief Gen Musharraf is going to be decided soon.
The CJP said that the current judiciary should not be compared to that of 2009 as it is free now.
The top judge lamented that the judiciary is working without proper resources and only above 3000 judges gave verdicts in hundreds of thousands of cases last year. “If one high-profile case gets highlighted by media then it does not mean the 3.6 million cases by a mere 3,100 judges should lay forgotten.”
He emphasised that the dedication and impartiality of the institution should be respected, saying: “Nobody is perfect. No institution, no human being is perfect. But if some people are working with such dedication, please encourage and facilitate them.”
LHC VERDICT:
In a major setback to the ruling Pakistan Tehreek-e-Insaf (PTI), the LHC on Saturday had allowed the former premier to travel abroad for four weeks without having to sign the indemnity bond suggested by the federal government, saying the duration could be extended on doctors’ recommendation.
As the government and Sharif brothers remained at an impasse over the terms of Nawaz’s travel abroad — specifically his return to Pakistan — the LHC had said that it would draft its own undertaking for the former premier’s travel and give to lawyers of both sides.
Following the court’s directions, the PML-N legal team had submitted a handwritten draft of the undertaking by Nawaz, which stated: “I do hereby undertake to return to Pakistan […] to face the process of law and justice as soon as I am declared healthy and fit to travel to Pakistan by my doctors.”
A separate undertaking was submitted by Shehbaz in which he had stated, “I undertake to facilitate the return of my brother on certification by doctors that he has regained his health and is fit to return to Pakistan.”
