Protective bail of Elahi: SC asks LHC division bench to decide case by 21st

ISLAMABAD: The Supreme Court asked the Division Bench of the Lahore High Court (LHC) to positively decide the case of protective bail of former Punjab chief minister Pervaiz Elahi by 21st August 2023, failing which the suspension order shall stand vacated automatically and former chief minister Pervaiz Elahi would be entitled to the protective bail, as well as, a bail granted by the LHC’s single judge.

A three-member bench, headed by Justice Ijazul Ahsan and comprising Justice Jamal Khan Mandokhail, and Justice Shahid Waheed, on Wednesday, heard Elahi’s plea, wherein, he had challenged the suspension order of the two-member bench of the LHC through Barrister Syed Ali Zafar.

The LHC single judge bench had granted Pervaiz Elahi the right to protective bail, as well as, the right to know about any unknown FIRs that had been lodged against him in order to prevent the practice of political victimisation. However, the single judge order was suspended by a Division Bench of the LHC on 17th July 2023.

During the proceeding, Justice Ijaz inquired from the additional advocate general (AAG) Punjab how was the provincial government’s intra-court appeal admissible at the high court. The AAG replied that on August 21, a two-member bench of the LHC will hear the issue of the admissibility of the application. “If the court wishes, it may issue a directive that the issue of admissibility be decided on August 21,” he added.

Justice Jamal remarked that litigation against each other is not a good precedent. He instead urged the concerned parties to “sit together and resolve the issue through consensus”.

Barrister Zafar argued that Chaudhary Pervaiz Elahi was a 74-year-old man against whom repeated FIRs have been registered for the malafide purpose of ensuring that he remained in custody and is unable to reach the court for pre-arrest and post-arrest bails.

Barrister Zafar submitted that it is a fundamental principle of law that the High Courts grant protective bail to an accused so that the accused can reach the trial court for pre-arrest bail. He also submitted that under the law, FIA and Anti-Corruption Department cannot just arrest anyone but must give him a right of hearing during the inquiry.

The ex-CM was first arrested by the Punjab Anti-Corruption Establishment (ACE) with the help of the Punjab Police in Lahore on June 1. He has since been released and rearrested multiple times.

Copyright Business Recorder, 2023