Justice Anwaarul Haq Pannu had earlier recused himself from hearing of the petition of Maryam Nawaz for personal reasons
LAHORE: (UrduPoint/Pakistan Point News-Sept 12th, 2022) A Lahore High Court (LHC) fresh division bench is likely to be made on Monday( (today) to take up the petition of PML-N Vice-President Maryam Nawaz seeking return of her passport from the judicial custody.
Earlier this week, Maryam Nawaz again approached the Lahore High Court (LHC) for the return of her passport which she had surrendered before the LHC Deputy Registrar after she had been granted post-arrest bail in the Chaudhary Sugar Mills Limited (CSML) case nearly four years ago after furnishing of surety bonds in the sum of Rs.10 million each from two sureties with the trial court and separately depositing Rs.70 million with the LHC Deputy Registrar.
However, Justice Anwaar-ul-Haq Pannun, a member of the division bench (again) recused himself from hearing the petition for the return of her passport; and following Justice Anwar’s recusal, the head of the bench Justice Ali Baqar Najafi sent the file back to the chief justice of the LHC to reconstitute the Bench yet again.
It was the fourth time a judge of LHC (and second time for Justice Anwaar-ul-Haq Pannun) had recused himself from hearing the case: On 21 April, 2022, when a bench comprising of Justice Shahbaz Rizvi and Justice Anwaar-ul-Haq Pannun was first constituted, Justice Anwaar-ul-Haq Pannun recused himself; then on 26 April, 2022, when another bench comprising of Justice Baqar Najafi and Justice Farooq Haider was constituted, Justice Farooq Haider recused himself. When he was replaced by Justice Asjad Ghural later on the same day, Justice Asjad Ghural also recused himself.
Maryam Nawaz through her counsel had earlier argued that no reference or any investigation report final or interim has been filed by the NAB before a Court of competent jurisdiction despite lapse of nearly four years since the authorization of the inquiry; that the condition as to surrender of passport is alien to statutory requirements of the Code of Criminal Procedure to enlarge an accused on bail; that even otherwise, the National Accountability Ordinance, 1999 does not contain any provision restricting an accused’s right to travel abroad unlike other special laws such as Anti-Terrorism Act, 1997. The counsel had argued that the accused had already furnished more than adequate surety and separately deposited Rs. 70 million and it was a settled law that mere registration of a case or institution of criminal proceedings did not automatically imply that the accused should be disallowed to move outside Pakistan. The petitioner also contended that there might not be any apprehension of abscondance in view of the track record of the petitioner who notwithstanding a conviction in her absence in 2018, voluntarily came back to Pakistan to surrender to the process of law while leaving behind her ailing mother on her death bed – are apparently all pleas that do not merit a hearing.
The LHC is likely to constitute a fresh division bench today to hear the case of PML-N Vice-President Maryam Nawaz. But what are legal options for Maryam Nawaz if any other judge recuses himself from hearing of the petition for personal reasons?
Some legal experts are of the view that she may approach the top court as well.
