Libya Boat Tragedy: Lahore High Court Judge Recuses from Hearing Accused’s Bail Plea
LAHORE: Khan had filed a post arrest bail plea before Justice Ghulam Sarwar Nahang and the court had directed him to refer the case file to the Chief Justice of the Lahore High Court as Justice Nahang did not want to be involved in the hearing of the petition.
The post arrest bail application made by the accused Shafqat Ali was heard by Justice Ghulam Sarwar Nahang. In the case, the court said it did not have jurisdiction to hear a new bail plea regarding the Libya boat tragedy, after it previously had to serve as a member of the commission set up for the incident.
The argumentation of Defense and State Counsel.
The defense counsel said in the petition that the accused, Shafqat Ali, has been jailed for one year and two months but charges against him had yet to be proved after he had been granted bail in various other cases. The petitioner had sought the accused’s release from prison on bail pending the trial court’s verdict, owing to the fact that the case was pending before the trial court.
The state counsel opposed the bail plea saying 30 cases of human trafficking had been filed against the accused. After the tragic incident of Libya boat, Mandi Bahauddin’s Federal Investigation Agency (FIA) lodged charges against the accused who allegedly arranged the travel of those who entered the boat to reach Europe while the boat capsized off the coast of Libya killing lots of Pakistani youths.
The state counsel asked the court to reject the plea for bail after arrest “in the interest of the society” as the accused is engaged in serious crimes and deserves no leniency. Therefore Justice Ghulam Sarwar Nahang withdrew from the case and responded it to the Chief Justice of the Lahore High Court for wording in another appropriate bench.