Its High Court’s authority to stay trial of cases, SC rejects Fawad Ch

  • CJP-led bench advises former federal minister to approach LHC with plea to club his May 9 cases

ISLAMABAD: The Supreme Court of Pakistan on Thursday rejected the request of former minister Chaudhry Fawad Hussain to stay his trials in the May 9 cases, ruling that “such an authority lies with the high court.”

A bench of the top court headed by Chief Justice of Pakistan Justice Yahya Afridi heard the case and advised Fawad Chaudhry to approach the Lahore High Court (LHC) for plea to club his cases.

During the hearing, the Chief Justice of Pakistan remarked that thankfully the courts are working.

He said that the decision will be written in the presence of all respondents so that the rights of anyone wouldn’t be affected and summoned Special Prosecutor Zulfiqar Naqvi and Fawad Chaudhry to the chamber.

The Chief Justice said that the petitioners are getting exemptions from appearance in courts due to the cases being filed in different districts, and even Fawad Chaudhry has been exempted from appearing in LHC.

On this occasion, Special Prosecutor Zulfiqar Naqvi raised the objection that the case was not heard on merits in LHC but was only declared inadmissible, and an objection was raised. He said that the Supreme Court has been approached against this decision of the LHC.

The Supreme Court ruled that these objections are also to be seen by the LHC, so the case should be heard there.

The apex court also rejected the request of Fawad Ch to stay the trial of the cases until the final decision. Justice Afridi remarked that it is the High Court’s authority to order a stay on the trial.

Fawad Ch complained that his trial continued till midnight, to which the Chief Justice remarked, “Thankfully, the courts are working.”

CJP Afridi further said that if the Supreme Court gives a decision, it may affect the cases of both the parties, so this matter should be decided in the High Court itself.

The CJP remarked that it is your request that all the cases be combined and sent to Faisalabad. I have received the reports of the anti-terrorism courts. Your words yesterday were very shocking. All the courts heard your requests for non-appearance. Now, appearances can be made from any city through video link.

The court said that our observations will affect the parties, adding that 100 people are nominated in each case of May 9.

Fawad Ch said that decisions in different cases of the same nature would create uncertainty, to which the Chief Justice said that decisions have already been made regarding the disposal of the cases.

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