SC sticks holes in LHC June Order

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Islamabad:

The country’s top judge has noted that Lahore High Court (KHC) has not only discussed benefits of the cases filed against former Prime Minister Imran Khan in connection with May 9, who rebel events, but has also given a final opinion of them while rejecting his bail care.

“The question is whether the benefits of a case can be brought under discussion in a bail,” asked Chief Justice of Pakistan (CJP) Yahya Afridi on Tuesday while hearing the PTI founder’s appeal against an LHC order.

A division bench of LHC led by Justice Shahbaz Ali Rizvi on June 24, Imran Khan’s bail applications in eight different May 9 rejected cases.

In his order, LHC declared that the former prime minister was involved in hatching a conspiracy to attack military installations in the event of his possible arrest, as two police officers had given testimony to this.

The PTI founder contested the order in the Supreme Court, whose bench with three members led by CJP Afridi consisting of Justice Muhammad Shafi Siddiqui and Justice Miangul Hassan Aurangzeb took the case on July 29.

During the case on Tuesday, the special prosecutor Zulfiqar Naqvi claimed he had not been issued any notice from the court in this case. CJP said a message would be issued to him today.

CJ Afridi noted that in its decision on bail, LHC had discussed the benefits of the case and even given a final statement. He questioned whether such findings could be given in a guarantee decision.

He ordered the parties to prepare arguments about the specific legal point of whether a crucial opinion on benefits in a bail decision can be given.

CJ noted that before clarification of this point, there was no party to the case, would not be allowed to present arguments for the benefits, as the case is still pending in the anti-terrorism courts (ATCs).

Imran’s attorney’s lawyer Salman Safdar suggested it would be better if the hearing was planned earlier, but the court postponed the case until August 19.

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