ISLAMABAD - The Islamabad High Court (IHC) Wednesday issued notices to the National Accountability Bureau (NAB) in Pakistan Muslim League-Nawaz (PML-N) Quaid Nawaz Sharif’s petitions seeking protective bail in the Al-Azizia and Avenfiled references.
A division bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing of Sharif’s protective bail pleas and issued notice to the anti-corruption watchdog.
During the hearing, PML-N chief’s counsel Amjad Pervez requested the IHC bench to grant protective bail to his client as he wanted to surrender before the court.
The three-time former prime minister was declared a proclaimed offender by IHC in the Avenfield and Al-Azizia cases over non-compliance after he had gone to London for medical treatment with the court’s permission in November 2019. In Avenfield and Al-Azizia references, Nawaz was sentenced to ten and seven years in prison, respectively, by an accountability court in 2018. His appeals against the convictions were dismissed by the IHC bench comprising IHC Chief Justice Aamer Farooq and Justice Mohsin Akhtar Kayani for non-compliance. Nawaz’s sentence in Al-Azizia reference was suspended in 2019 by the Lahore High Court (LHC) on medical grounds and he was permitted to fly to London to seek treatment, after which he did not return. Nawaz‘s legal team moved the protective bail petitions in the IHC to restrain the authorities from arresting him when he returns back to country on October 21.
Amjad Pervez informed the court that his client was seeking protective bail and gave reference of previous judgments and added that in the past, absconders were granted protective bail in order to surrender before the court. He added that the court provides an opportunity whenever someone wants to surrender before it. He adopted the stance that Nawaz had not taken undue advantage of his bail.
During the proceedings, the NAB prosecutor said that the bureau did not have any objection if Nawaz wanted to come back. At this, Justice Aurangzeb said that you have no objection to granting protective bail and tomorrow you will say that the judgement should be struck down. Then you should also ask the NAB chairman and let us decide the appeal [against Nawaz’s conviction] today.
However, the NAB prosecutor said that the watchdog would give its arguments when the appeal would be fixed before the court. Later, the IHC bench deferred the hearing till today for further proceedings.
In the petitions, the counsel stated that Nawaz was seeking protective bail in order to surrender before the court and “submit to due process of justice and avail remedies permissible under the law”. He said that Nawaz’s absence before the IHC was neither “intentional nor deliberate nor mala fide”, rather he was unable to do so due to “medical advice” and circumstances beyond his control“. It said that Nawaz’ health could not improve and medical procedures were delayed due to the Covid-19 pandemic. The petition further said that the relevant health reports were submitted to the Lahore High Court (LHC), in accordance with its directives. It also said that the previous federal and provincial government, “despite being headed by an arch-rival political party”, never approached the LHC to challenge the veracity of the reports.
The petitions said that due to “unforeseen circumstances beyond human control” and other medical complications, the necessary medical procedure could only be carried out last November. It said that Nawaz had to undergo follow-up examinations in June, adding that the latest medical reports were also submitted to the LHC. It further said that Nawaz was “constrained to limited public exposure and mobility” and could not address any public meeting, adding that he was “bound down to wear [a] mask throughout this time as of today on account of the complicated.