Nawaz’s repatriation: Centre, Punjab at odds over letter’s legal hitches

Experts back federal govt, say it has right to bring citizens back to country

Nawaz Sharif looks out the window of his plan. PHOTO: REUTERS

LAHORE:
The federal and Punjab governments are again apparently not on the same page on the issue of former prime minister Nawaz Sharif’s health, as a member of the provincial cabinet has said that the federal government should have approached the court before writing a letter to the British government.

A well-placed source within the Punjab government has stated that the federal government should have first approached the court to take a more appropriate channel for Nawaz Sharif’s return. It said that, to its understanding, the government was showing undue haste in the matter, adding that Special Assistant to the Prime Minister for Information Dr Firdous Ashiq Awan had first termed Mian Nawaz Sharif an absconder and the federal government had now written the letter. The source also took issue with the impression given by the federal government that this had been done on the Punjab government’s advice.

The source said that the Punjab government had only informed the federal government that, since Nawaz Sharif had failed to satisfy the medical board regarding his health condition, the government could not extend his bail, adding that the letter had only recommended that necessary action be taken in the matter. The source said that it would have been more appropriate for the federal government to approach the court to first have the former prime minister’s bail cancelled and have him declared an absconder and then initiated the procedure, with the direction of the court, to have him deported.


Earlier, on February 25 2020, Punjab Law Minister Raja Basharat had said that the federal government would take the matter to court to have Nawaz Sharif’s bail cancelled, following which he would be asked to surrender and, if he failed to do so, he would, after due procedure of the Criminal Penal Code, be declared an absconder. He had also said that the matter had been sent to the federal government for further action.

Legal experts, however, have backed the government move of writing a letter to the United Kingdom (UK) government, Barrister Ali Zafar saying that it was the federal government’s prerogative to bring any Pakistani citizen back to the country and that the decision would be upheld in court. He said that the government could also have approached the court but, since they had the discretion of writing the letter, they exercised it. He also agreed with SAPM Dr Firdous Ashiq Awan on the subject of declaring Nawaz Sharif an absconder which, he said, was a legal term and only a court could declare a person an absconder.

 
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