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LHC dismisses petition against Nawaz Sharif

Recorder Report

Lahore: A division bench of the Lahore High Court dismissed a petition in limine filed against the deposed prime minister, Nawaz Sharif, for taking 100 people to the USA with him at public expense and, en route, performing Umra in Saudi Arabia.

The bench observed that if the petitioner has any grievance concerning unnecessary extravagance incurred by the former prime minister or his aides at public expense he could move a reference to the National Accountability Bureau.

The bench also observed that it is impossible for the courts to examine the feasibility of the number of people accompanying a delegation to a foreign country as it is the prerogative of the head of government to decide whether those accompanying him can render assistance to him or not.

The bench further observed that the head of government is always aware of the economic conditions prevalent in the country and every step he takes is in the national interest. "It is not for us to weigh in our constitutional jurisdiction whether the delegation went for a pleasure trip at the expense of the public or it was essential for the nation," the court further observed.

"Functions of each and every organ of the state are well defined and unless gross mala fides are shown courts are reluctant to exercise their constitutional jurisdiction to trammel upon the working of other organs defined in the Constitution."

M D Tahir, advocate, had contended in his petition that the delegation of 100 people taken by the former prime minister to visit the USA in a chartered PIA plane involved large unnecessary expenditure paid through the public exchequer.

He further contended that a delegation of 25 would have been sufficient.

He, therefore, prayed to the court to declare the action of the respondents as illegal; and contended that the 75, who the petitioner deemed as 'unnecessary' must pay the expenditure incurred on their travel and on their stay in America.

The bench after hearing the petitioner at length dismissed the appeal and observed that the delegation had returned a long time back and much water had flown under the bridge since then.