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Split verdict: LHC fixes hearing of Shehbaz Sharif’s bail plea

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Abid Khan
Abid Khan
Abid Khan serves as Senior Court Reporter for ARY News. He is also a poet and a frequent blogger

LAHORE: A three-member bench of the Lahore High Court (LHC) has fixed the hearing of Pakistan Muslim League Nawaz (PML-N) President Shehbaz Sharif’s bail petition in the money laundering case, ARY News reported on Tuesday.

The Justice Ali Baqar Najafi-headed bench of the Lahore High Court (LHC) will hear the bail petition of Shehbaz Sharif on Wednesday (tomorrow) after the previous bench came up with a split decision on Leader of Opposition in the National Assembly Shehbaz Sharif’s release on bail.

The other judges in the newly-formed bench will include Justice Aalia Neelum and Justice Syed Shahbaz Ali Rizvi.

Following the split decision on Leader of Opposition in National Assembly Shehbaz Sharif’s release on bail, Lahore High Court (LHC) had formed a new bench to decide upon the matter.

Read: Three days into bail, Shehbaz awaits release order

Chief Justice LHC Qasim Khan had formed a three-member full-court bench to hear the bail plea of Shehbaz Sharif.

The judges of the Lahore High Court (LHC) bench had come up with a split decision on Leader of Opposition in the National Assembly Shehbaz Sharif’s release on bail.

Justice Sarfraz Dogar, who headed the bench, allowed the petition while its other member Justice Asjad Javed Ghural dismissed the same on merits. In his dissenting order, Justice Ghural also accused the senior judge of issuing the bail granting short order ‘unilaterally’.

In a written order, Justice Sarfraz Dogar had stated that now the judgment is being sent to the Chief Justice. The referee judge will be appointed. We had approved the bail after consultation but Justice Asjad said that he would write a dissenting note.

Justice Sarfraz wrote that Shehbaz Sharif was arrested in the Ashiana case, why he was not arrested in the assets case, it is beyond comprehension why the NAB postponed the inquiry, not a single transaction in younger Sharif’s account was detected. However, the NAB accepted that TTIs were sent in the name of Sharif as co-accused. When there is no concrete evidence, how one can be declared criminal, the judge said in his note.

Read: LHC gives split ruling on Shehbaz Sharif’s bail plea

In a dissenting note, Justice Asjad Javed Ghural said that he had asked the court to reject bail. He also hinted at rejecting bail in the chamber, but the co-judge announced the acceptance of bail on his own. Despite my clear refusal, the matter was brought to the notice of the Chief Justice of the Lahore High Court in a few minutes, he added.

Justice Asjad further said in his dissenting note that Justice Sarfraz Dogar wrote a short order and sent it to him for signature. “This is very unfortunate and rare example in the judicial history, which could not be expected from a senior member heading the division bench,” said the dissenting judge.

Witness statements written in the dissenting note show that Shehbaz Sharif is involved in this case, he made properties from fake TTs, bank accounts. He made properties in the name of family and anonymous people and his assets do not correspond to his known sources, in the light of this evidence Shahbaz Sharif is not entitled to bail, therefore his bail application is rejected. ۔

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