Fresh court challenge to PML-N leaders’ arrest

Lawyer argues release of Shehbaz, Rafique brothers under Article 4

LAHORE: The Lahore High Court (LHC) on Tuesday issued notices to the federal government and the National Accountability Bureau (NAB) on a petition challenging the arrests of Leader of the Opposition in the National Assembly Shehbaz Sharif, former railways minister Khawaja Saad Rafique and his brother and former Punjab minister Khawaja Salman Rafiq.

Senior lawyer A.K Dogar of Lawyers Foundation for Justice had challenged the arrest of the Pakistan Muslim League-Nawaz (PML-N) leaders for being a violation of their fundamental rights.

He contended that the Supreme Court in a celebrated case “Asfandyar Wali Khan vs Federation of Pakistan 2001” had declared section 24(d) of the National Accountability Ordinance (NAO) as ultra vires of the Constitution with an observation that the clause denies the right of an accused to consult and be defended by a legal counsel of his/her choice.

He stated that the apex court had also observed that the ordinance required to be suitably amended.

The lawyer said that 17 years have passed, but the clause had not been amended despite the clear direction of the top court. He argued that the enunciation of the law by the apex court is applicable to clause 24 of the ordinance.

Therefore, he asked the court to declare the arrest of Shehbaz Sharif and Khawaja brothers unlawful for being detained unconstitutionally and need to be released under Article 4 of the Constitution.

The NAB had arrested Sharif in Ashiana-i-Iqbal Housing Scheme scam on charge of misuse of power during his tenure as chief minister of Punjab while the Khawaja brothers have been arrested in connection with the Paragon City scam.

At present, Shehbaz is on judicial remand after undergoing physical remand with the NAB for 62 days, while the Khawaja brothers are still on physical remand with the NAB.