The Supreme Court has directed the Lahore High Court to reach a decision on the intra-court appeal regarding the interim bail ruling for Parvez Elahi by August 21. If the High Court fails to decide by the next hearing, the original single bench decision will be restored.
A three-judge panel led by Justice Ijaz-ul-Ahsan presided over the case. The Punjab government’s representative, Additional Advocate General Vakil, informed the court that the intra-court appeal against the Lahore High Court’s single judge bench decision is currently under consideration.
Justice Ejaz-ul-Ahsan questioned the admissibility of the inter-court appeal in the High Court, and a determination on this matter is expected by August 21.
Justice Jamal Khan Mandukhel commented on the undesirable practice of litigation between parties. Parvez Elahi’s attorney, Barrister Ali Zafar, concurred with the sentiment, noting that Parvez Elahi had been granted bail in one case while being arrested in another.
Justice Jamal Mandukhel raised concerns over the repeated arrests of an individual who willingly presents himself to face the case. He questioned the government’s intentions behind the repetitive arrests.
The Punjab government’s legal representative argued that the Lahore High Court lacked the authority for automatic notice. Justice Jamal Mandukhel countered by stating that while the government has the power to take automatic notice to file cases, it doesn’t apply to courts.
Justice Ijaz-ul-Ahsan emphasized that the case pertains to an individual’s freedom, highlighting that depriving a citizen of their freedom, even momentarily, is unconstitutional.
The Punjab government’s lawyer maintained that the Parvez Elahi case is within the jurisdiction of the Lahore High Court, urging the court to allow the High Court to reach a decision. Justice Jamal Mandukhel remarked that the accused appears to receive preferential treatment from the court, suggesting that punishment should be carried out in genuine cases.
Parvez Elahi’s legal representative responded by explaining that successive arrests are being authorized by the courts, even for cases dating back a decade.
Justice Jamal Mandukhel conveyed that this pattern will persist until proactive measures are taken.
Justice Shahid Waheed questioned the Punjab government’s role as a third party in appealing against the order to not arrest Parvez Elahi, raising concerns about the High Court’s authority to issue an order that the Punjab government lacks the jurisdiction to make.
The Supreme Court mandated that if the Lahore High Court does not reach a verdict by August 21, the original single bench decision regarding Parvez Elahi’s bail will be reinstated.