Fix appeals against Sharif for hearing under Covid-19 policy: IHC

ISLAMABAD  - The Islamabad High Court (IHC) Tuesday directed its registrar office to fix appeals against former prime minister Nawaz Sharif in corruption references for hearing under COVID-19 policy. 

A division bench of IHC comprising Justice Aamer Farooq and Justice Mohsin Akhter Kayani conducted hearing of the petition of National Accountability Bureau (NAB) for early hearing of Sharif family’s appeals in Al-Azizia Steel Mills, Flagship Investment and Avenfiled property.

At the outset of hearing, the IHC registrar office produced its report to the bench regarding policy for fixation of cases in wake of third wave of COVID-19 pandemic. The IHC bench asked from the NAB that if a representative of Nawaz Sharif was required to be appointed or not. The bench remarked that all appeals would be heard together. 

At present there are six appeals pending before the IHC filed by NAB, Nawaz Sharif, his daughter Maryam Nawaz and Captain (Retd) Muhammad Safdar.

The NAB official informed the court that Special Prosecutor Jahanzeb Bharwana had been infected by COVID-19 while Deputy Prosecutor General Sardar Muzafar Abbasi had also symptoms of the pandemic virus and both could not appear before the court in current circumstance.

NAB had requested court for early hearing of appeals

Subsequently, the court disposed of the NAB’s plea for early fixation of appeals and instructed the registrar office to fix the cases for hearing as per the policy.

In this connection, special Prosecutor of NAB submitted before the court an application under section 151 CPC of early hearing of Sharif’s appeals against his sentences in Al Azizia and Avenfield cases.

The NAB stated in its application that the National Accountability Ordinance (NAO) ordained that the matters falling within the purview of enactment are to be expeditiously disposed of and decided. It added, “In this context, the Supreme Court of Pakistan has very recently directed that the number of Accountability Courts be enhanced and also issued specific directions for early adjudication and decision of the matters.”

The NAB mentioned that in this matter and the related matters, Nawaz Sharif was declared a proclaimed offender by the IHC vide order dated 2-12-20 as despite taking concession and leave of bail and knowledge of the proceedings, he has not cared to appear in court or to attend the proceedings.

“It will be worthwhile to mention here that in view of this situation, this honourable court framed legal propositions which need to be addressed and the NAB has prepared a response on its behalf in this context and is ready to plead on these propositions before this honourable court,” stated the NAB application.

It continued that the instant matter and the other related matters arose out of mega corruption case, therefore, it is submitted with utmost respect and humility that these matters may graciously be ordered to be heard at an early date which is convenient to this court to meet the ends of justice.

Previously, a two-member bench of the IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani had declared former prime minister Nawaz Sharif a proclaimed offender in two corruption cases of Al Azizia and Avenfield cases.

The IHC bench had also summoned the guarantors of the former prime minister to appear before the court in person on the next hearing to be held on December 9 which was later adjourned. In the order, the court had noted that a number of opportunities were given to Nawaz but he failed to appear before the court. The bench directed to initiate further proceedings under section 514 of the Criminal Procedure Code. The court also directed the prosecutor of the National Accountability Bureau (NAB) to present the case law regarding the criminal procedure in this matter.

 

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