The LHC has sent Buzdar’s case to a more senior tribunal.
Justice Tariq Saleem says the court doesn’t understand why an arrest is required in every case.
On Friday, the Lahore High Court (LHC) denied the law officer’s repeated attempts to lift a temporary restraining order prohibiting the arrest of former chief minister Usman Buzdar.
The court, presided over by Justice Tariq Saleem Sheikh, stated, “this court is at a loss to understand why an arrest is necessary in every case.”
The stay of Buzdar’s arrest was originally set to expire on April 30, but Justice Tariq Saleem moved the case to the bigger bench, prolonging it until May 8. A petition submitted by the ex-chief minister requested that the Anti-Corruption Establishment Punjab and the Inspector General of Police (IGP) of Punjab provide him with information on any such cases that had been filed in the province.
The law officer repeatedly asked Justice Tariq Saleem to reverse his earlier ruling prohibiting the concerned quarters from detaining Buzdar as Saleem sent the case to the bigger bench. The judge responded to the police officer’s questions by saying, “Eyes should not be kept closed after what occurred at the residence of former chief minister Chaudhry Pervez Elahi.”
Justice Tariq Saleem said, “It makes no difference if Buzdar is not arrested till Monday,” adding, “Buzdar’s weekend will pass well.” But Justice Tariq Saleem referred the case to a bigger bench and asked the advocate general of Punjab for advice.
Barrister Momin Malik, representing petitioner Muhammad Buzdar, cited many cases from 2012 in his argument that the Supreme Court of Pakistan had clarified the NAB’s summons jurisdiction.
He further informed the court that despite the clear reference to providing a copy of the complaint to the person who is called in that connection in subsection 4 of section 5 of the Anti-Corruption Rules 2014, no one is prepared to execute this provision.
Attorney Momin Malik further pleaded with the court, saying that individuals are being prevented from going home, that the FIRs are being hidden, and that searches are being done.
In response to Justice Tariq Saleem’s inquiry as to whether or not the petitioner had joined the investigation, the law officer stated that he had not done so at this time. Although the Buzdar’served as the chief minister,’ Justice Tariq Saleem made it clear that he was still subject to the Constitution.
When Buzdar was called in, he said he had Covid-19. But yesterday he spent three hours at anti-corruption and was assured there was no case opened against him.
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An earlier argument by attorney Momin Malik drew parallels between the recently modified NAB Act and anti-corruption statutes. He shed some clarity by arguing that the NAB regulations and anti-corruption investigative procedures are silent on the matter of converting enquiries into FIRs.
He continued by saying that Article 10-A of the Constitution of the Islamic Republic of Pakistan 1973, as amended by the 18th Amendment, is violated when the petitioner and others are arrested after being called in for inquiries and presented with “ghost” FIRs without being given a chance to defend themselves.
He claimed that the respondents (the Anti-Corruption Establishment Punjab and the Inspector General of Police (IGP) of Punjab) had initiated numerous baseless and politically motivated inquiries and investigations and turned them into “ghost FIRs” without bringing them to his client’s attention in order to arbitrarily place him under arrest for alleged violations of the law.
In light of the probes already disclosed in paragraph-by-paragraph remarks in previous petitions, he asked the court to order the Anti-Corruption DG Establishment to give data of the FIRs made against him. He further asked the court to prevent the Respondents from arresting the petitioner in connection with any unrevealed FIRs.
