The novel judgment dismissing Mian Nawaz Sharif’s appeals against his conviction by Ehtesab Courts has confused people by the victory or otherwise of PTI Govt or PML (N) although the judgment is clear and appeals are revive able.
Hashmat Habib President Tehreek-e-Tahafuz-e-Adlia viewed seriously the media war after the judgment and said this case merited straightway adjournment instead of using word dismiss which is being abused by PTI as its victory making comments which are directly damaging the judiciary system.
The veteran lawyer recalled that Supreme Court order in contempt proceeding against Imran Khan for uttering word sharamnak against judicial officers is an example. Supreme Court without Imran Khan tendering apology discharged show cause notice discussing kinds of disobedience and scandalous contempt. The precedent of the Supreme Court cannot be ignored as it is applicable in the case of Nawaz Sharif as well. As per law the conviction orders have not attained finality because these orders are still subject to review as stated in the judgment without restriction of limitations.
Hashmat Habib said appeal is a right granted by statute; therefore appellant who has left Pakistan with specific permission of High Court for medical treatment cannot be treated as fugitive from justice.
He said appellant was not allowed audience however six advocates appeared as Amicus Curie their opinion in the eyes of law always treated as neutral and given weight by the court. Therefore dismissal of the appeal was not only option while circumstances of the case permit court to adjourn it till the appellant is in a position to appear.
Hashmat Habib said that as per settled law and practice of the court the absentee accused is not treated harshly because dismissal/ acceptance of appeal depends only on merits. However in such circumstances the suspension order can be recalled with due process.