Hafiz Mushtaq Naeemi, a resident of Lahore, moved a petition before the Lahore High Court challenging the arrest and physical remand order of former Chief Minister Punjab Mian Shehbaz Sharif on Thursday.
The petitioner stated that Shehbaz Sharif, the ex-chief minister, had been arrested by the National Accountability Bureau (NAB) under the NAB Ordinance 1999 and it was a violation of article 248 of the Constitution of Pakistan.
He further stated that this article of the Constitution had laid down that the president, governor, prime minister, federal minister, minister for state, chief minister and provincial minister could not be held answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done in the exercise of those powers and performance of those functions. He stated that this provision provided that nothing in this clause should be construed as restricting the right of any person to bring appropriate proceedings against the federation or province.
He stated that a sub-article of 248 provided a personal protection to these elected representatives and a proper case could be initiated against federation or the province instead of prime minister, federal minister, minister of state, chief minister and provincial minister so, no criminal proceedings as envisaged in NAB ordinance could be initiated against the former chief minister.
The petitioner requested that Shehbaz Sharif’s arrest and his physical remand should be suspended as it is a violation of article 248 of the constitution of Pakistan 1973.
Published in Daily Times, October 12th 2018.
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