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20000126
AG Punjab to present arguments in Sharif family petitions today
RECORDER REPORT
LAHORE: A full bench of the Lahore High Court, headed by Chief Justice Rashid Aziz Khan, adjourned to Wednesday the proceedings in some identical petitions filed for the recovery of the Sharif family members when their counsel concluded his arguments.
The bench asked the Advocate General to present his arguments and to give the reasons for the arrest of the detenus and also explain whether the government had some solid material to keep them in detention.
The petitioners' counsel, A K Dogar, in his arguments said that Hussain Nawaz and Abbas Sharif were arrested under orders of the National Accountability Bureau (NAB) on November 13 while the bureau was itself established on November 16. This showed the mala fide intentions of the government and its officials.
He said that under the law no citizen could be arrested before registration of any criminal case against him. In the present case the accused were arrested first and then the cases were registered against them.
He said that Article 10 of the Constitution protects the rights of the citizens, and the respondents were legally bound to produce them before the court.
He said that even according to the NAB Ordinance no person could be kept in detention for more then 90 days but even after the span of more than 90 days the detenus were neither produced before any court of law nor were released.
He said that the law also gave them the right to engage counsel but the detenues were not even allowed to meet their family members.
He said that by such actions the government only wanted to harass and disturb their family members.
He prayed the court to allow him to add some points in the petition but when a member of the bench observed that in this situation the bench had to issue notices to the respondent again, the counsel withdrew his prayer and added that he would explain his version verbally.
One of the members of the bench asked the Advocate General why Hamza Shahbaz and Capt Safdar were arrested. He said that they were trying to contact some quarters to create law and order situation in the country.
He, however, informed the court that they were being facilitated in accordance with the court orders passed during the previous hearing.
The bench rose for the day to meet again on Wednesday when the Advocate General, Punjab, will present his arguments.
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