LHC to hear petition seeking removal of barriers on city roads

Author: Staff Report

LAHORE: A full bench of Lahore High Court (LHC) on January 31 will hear a petition, challenging the blockade of roads and thoroughfares in the city in the name of security.

The bench comprises Justice Aminuddin Khan, Justice Shahid Jamil Khan and Justice Shahid Karim.

A single bench comprising Justice Shahid Karim was hearing a petition moved by Abdullah Malik, head of a civil society organisation. The judge had referred the petition to a full bench already hearing a case against the protests on The Mall, a prohibited area.

Judicial Activism Panel (JAP) chairman Muhammad Azhar Siddique moved the petition, stating that public money had been misused on blocking roads outside Jati Umra and outside residences of other Sharif family members. “A security wall was constructed around the sprawling home of disqualified PM Nawaz Sharif at the cost of Rs 250 million,” he said.

He stated that over R s75 million had been wasted on the security of the Sharif family during the last few years. He stated that the cost of security equipment fixed at Jati Umra residence of Sharifs was around Rs 806 million. “About Rs 12.5 million have been wasted for purchasing new jammers,” he said.

He stated that there were 2,750 security staff deployed for the security of Jati Umra and Rs 40 million had been invested on the security arrangements. He stated that roads had also been blocked outside Jati Umra and Model Town residences of the Sharif family by erecting barricades, causing problems for the citizens.

He stated that curtailment of citizens’ movement was a violation of fundamental rights enshrined in the Constitution. He stated that any executive order which had been passed by the PM, the CM or chief secretary or any other minister was illegal as much as such order has not been passed by the cabinet.

He stated that exercise of power for the purpose of blocking roads outside Jati Umra, Model Town and other camp offices of chief minister was in violation of Section 24-A of the General Clauses Act and judgments passed by superior courts.

Disqualification petition: The LHC on Tuesday reserved the decision on maintainability of a petition seeking disqualification of Punjab Chief Minister Muhammad Shehbaz Sharif.

The judge sought assistance from advocate general Punjab on the point that whether the members of the provincial assembly could hold any public office or not.

A local resident, Azhar Abbass, had filed the petition, alleging that Shehbaz Sharif was holding two offices, one as Punjab chief minister and other as chairman of Mass Transit Authority. He said that Shahbaz Sharif could not hold two public offices at the same time.

He that Shehbaz Sharif had lost his eligibility under Article 63 of the Constitution. He requested the court to declare Shehbaz Sharif ineligible hold the office of the chief minister.

Hafiz Saeed: Jamatud Dawa (JuD) chief Hafiz Muhammad Saeed moved a petition before LHC on Tuesday against his likely arrest allegedly at the behest of United States and India.

Petitioner’s counsel AK Dogar stated that a delegation of United Nations would arrive in Pakistan on January 26 and the government of Pakistan intended to take adverse action against Hafiz Saeed. He stated that Hafiz Saeed was founder chairman of JuD and Falah-i-Insaniat Foundation (FIF) and had established 142 schools, three universities was working for public welfare.

“The Punjab government recently detained the petitioner for 90 days. However, a review board comprising judges of the high court ordered his release as the government failed to justify his detention before the board,” he said.

He stated that all the actions taken by the government against Hafiz Saeerd had been on the pressure of US and India, who harboured an unfounded assumption that the petitioner, one way or the other was involved in Mumbai attacks.

He requested the court to restrain the federal government from acting in a manner which was not permitted by law and directed it to enforce fundamental rights of the petitioner under Article 9 of the Constitution at remain at liberty.

He also requested the court to direct the government to not take any adverse action including arrest against the petitioner on account of the arrival of UN delegation in the country.

Published in Daily Times, January 24th 2018.

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