ISLAMABAD - While hearing the appeals of Sharif family seeking suspension of their conviction in Avenfield reference, the division bench of the Islamabad High Court Thursday imposed a fine on the National Accountability Bureau for its failure in presenting arguments in this matter.
The dual bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb conducted hearing of the appeals filed by former premier Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (Retd) Safdar against their sentences in Avenfiled reference and deferred the hearing till next Monday for further proceedings after issuing aforementioned directions.
The bench expressed its annoyance over the NAB for seeking unwarranted deferment before imposing the fine to the tune of Rs10,000 and directed prosecutors to conclude arguments on the next hearing.
During the hearing, NAB Deputy Prosecutor General Sardar Muzaffar Abbasi sought adjournment in the petitions. At this, Justice Miangul Hassan asked from him about the reason behind seeking an adjournment when the defence had already concluded its arguments.
He added that they have immense respect for you but these are shady instructions. Then Justice Aurangzeb inquired that who directed him to seek adjournment. Sardar Muzaffar answered that these instructions came from NAB Prosecutor General.
At this juncture, the court observed that it was difficult to comprehend on what grounds NAB sought deferment while keeping in view that the petitioners’ counsel had already presented arguments in the matter and urged Muzaffar to take a position.
Former prime minister Nawaz Sharif’s counsel Khawaja Haris also opposed the adjournment saying his client was behind the bars and the NAB had sought an adjournment despite suspension petitions were filed a month ago.
At this point, Justice Aurangzeb remarked that NAB prosecutor looked uncomfortable while Justice Minallah added the court had to take into consideration that the applicants were incarcerated.
NAB deputy prosecutor reiterated that he was directed not to present arguments and sought another opportunity. Justice Athar said that the bench never denied opportunities but the request needed to be reasonable.
Then the bench asked from NAB prosecutors if they could conclude their arguments on 20 August. Sardar Muzaffar replied that he would need instructions from the bureau.
His reply annoyed Justice Aurangzeb who remarked that Abbasi’s instructions seemed clear. He added that the court is going to penalise the Bureau since the prosecutor is not presenting arguments. At that point, NAB prosecutor Haider Ali Khan intervened saying that they will conclude arguments on Monday.
Amjad Pervez Advocate, the counsel for Maryam Nawaz and Captain (Retd) Safdar said that such delaying tactics were known to be applied by private parties but they did not understand why NAB is resorting to such strategies.
Justice Aurangzeb repeatedly inquired about the grounds to grant adjournment. “I have never witnessed such a request in my 18-year-long career. This is completely unprecedented,” he added.
Seeking apology over it, another senior prosecutor said: “I am so sorry about it.” Abbasi also offered to dissociate himself from the case. However, Justice Aurangzeb said: “You know the case better. We have utmost respect for you but ….” On this occasion, NAB DPG again requested the bench to decide on the application seeking adjournment and requested for more time to prepare arguments.
Then, Justice Athar dictated order imposing a fine of Rs10,000 on NAB and directed NAB prosecutors not only submit written arguments but also appear before the court on the next hearing and conclude their arguments.
