Lahore high court had issued stay order against the conversion of Former Finance Minister, Ishaq Dar's lavish residence into a Panagah by the provincial government
Islamabad (Pakistan Point News / Online - 12th February, 2020) Lahore high court had issued stay order against the conversion of Former Finance Minister, Ishaq Dar's lavish residence into a Panagah by the provincial government. Punjab government took the action under the order of the Accountability Court Islamabad , which was issued on 2nd October last year.Government of Punjab is adamant that the house after the order of the court now belongs to the provincial government.
However, after the orders of LHC, the opposition parties have harshly criticized the provincial government for implementing a lawful order of the Accountability Court.Opposition has sought replies from the provincial government in this regard. It looks like that there is an unholy alliance between all corrupt political parties trying to safeguard each other's interests. Prominent parliamentarians have out rightly called this lawful action of the provincial government as a worst form of political victimization.
Some of Dar's allies still consider him as a notified senator of the Senate of Pakistan. Parliamentarian shave further accused advisors of the PM khan to be conspiring against the will of the government. Similarly, some senators also defended the Former Finance Minister, and stated that since the references against Ishaq Dar are still pending, hence his properties can't be subjected to such a treatment. Parliaments have a sanctity to maintain, the same has been blatantly violated by ganging up of political parties against lawful actions of the provincial government, which demoralizes the resolve of the government officials.
Ishaq Dar also appeared on social media through his twitter handle and conveyed that he will be challenging the government's move before competent Courts, however it seems implausible how a person who had absconded from the Criminal Justice System since 2017 wishes to appear before the Honorable Courts with clean hands to seek justice. Multiple corruption references have been filed by NAB against him, which speaks volumes of his possible corruption.
Media reports contended that IHC has already given a stay order in a petition filed by Dar's wife which restrained the government from auctioning or using the said property. However, the same is based upon blatant misreading of the IHC order dated 27.01.2020, the said order had only stayed the order of the Accountability Court dated 07.11.2019, which had earlier rejected the plea of Dar's wife regarding claim in the attached property and the order empowering the provincial government to take action against the attached property is still in force.
Dar's wife has misled the IHC, and frivolously obtained an interim relief by stating that she was given the said property as Haq Mehr in 1989 by a verbal agreement.Interestingly, majority of the claims made by the worthy Senators and Media are misguided and are not in accordance with the law. It is a fact that Ex-senator Ishaq Dar was de-notified by the ECP on 9th May, 2018, in light of orders given by the Supreme Court in the Case of Nawazish Ali Peerzada.
Since then his membership of the senate remains suspended. It is important to note that Ishaq Dar had not taken any oath upon successful win in senate polls.Wife's lawyer pointed out that the said actions of the Government are against the Section 12F of the NAO,1999. However, it may be noted that this section in no way ousts the powers under sections 87, 88, and 89 as section 12F is merely to avoid any transfer of property from the accused to some other during the pendency of reference.
While CrpC sections are there to ensure the attendance of the accused. Section 12F and 31A of NAO, 1999 are prohibitory clause giving rise to penal consequences. While Crpc sections 87,88, and 89 sections merely give rise to civil nature liabilities such as loss of property and are enforced to procure attendance of the accused.The Writ filed before IHC is not maintainable as an alternate efficacious remedy is available to the wife of Ishq Dar under subsection 6-D of the Section 88 of Crpc.
It may be noted, that she had also approached the Accountability Court under subsection 6-A of the same section however the same was dismissed. Due to the availability of an alternate remedy, the IHC Writ Petition is liable to be struck down.There is word around, that the Government officials responsible for the said actions would be held in the contempt, however, a clarification in this regard has already been given above. Pakistan is in a dire need of an opposition that plays a vital role of providing constructive criticism which aims to empower democracies, the current government holds its institutions such as parliament in high regard.
While unfortunately, the current oppositions have played roles of the devil and created continuous unrest, which had resulted in alienation of the public. The core principles of current government revolve around complete servitude to the law and its state instrumentalities however; the depraved alliance of corrupt political parties shows their unwillingness to perform its duties.
