Info minister Aamir Mir explains ex-PM’s sentence not suspended as govt has referred the matter to court n IHC extends Nawaz Sharif’s protective bail till Oct 26 in Avenfield and Al-Azizia references.
LAHORE/ISLAMABAD - The caretaker Punjab cabinet Tuesday made a significant decision by suspending the sentence of Pakistan Muslim League-Nawaz (PML-N) leader Mian Nawaz Sharif in the Al-Azizia reference case.
The development came on a day when Nawaz Sharif was scheduled to attend multiple hearings at an accountability court and the Islamabad High Court (IHC). Notably, Nawaz Sharif’s sentence had previously been suspended under the same law on medical grounds when he departed for London in 2019, during the tenure of the PTI government.
This decision, reached through a summary approved by circulation, has raised concerns among other political parties especially the Pakistan Tehreek-e-Insaf which has rejected the decision maintaining that the provincial government had now powers to suspend the sentence of a person convicted by the National Accountability Bureau.
Caretaker Information Minister Aamir Mir confirmed the decision, stating that the cabinet had used its constitutional powers under Section 401 of the Criminal Procedural Code (CPC) to approve the suspension of the former prime minister’s sentence. This section grants the cabinet the authority to pardon offenders. Mir also made it clear that the final decision regarding the case would ultimately rest with the court. Talking to a news channel, Amir Mir mentioned that Nawaz Sharif had formally requested the Punjab cabinet to suspend his sentence.
It’s worth noting here that Nawaz Sharif had been sentenced by an accountability court in both the Avenfield and Al-Azizia Steel Mills references. The sentence was challenged in the high court, which had suspended the accountability court’s verdict. However, when the politician travelled to London for medical treatment and did not return to pursue the case, the appeal proceedings were left pending.
Nawaz Sharif, instead of approaching the Islamabad High Court, moved to the Lahore High Court (LHC) and was granted permission to go abroad for four weeks, backed by an undertaking from his brother and party president, Shehbaz Sharif, assuring his return once his health improved. During Nawaz’s absence, the IHC dismissed the appeals on the grounds of
non-prosecution, declaring him a proclaimed offender. The court clarified that the rejection of the appeals was based on technicalities rather than the merits of the arguments. The court also mentioned that the applicant could file an appeal against the sentence upon his return. Meanwhile, Caretaker Punjab Chief Minister Mohsin Naqvi clarified that the sentence in the Al-Azizia reference has not been suspended; rather, the case has been referred to the court.
Talking to reporters after visiting Jinnah Hospital, the chief minister informed that during the previous Buzdar administration, Nawaz Sharif’s request was denied without a proper hearing. “Now, the court has been entrusted with the decision to grant or deny bail. The case has been forwarded to the court under Section 401.
He also said that the Punjab government is expected to receive many more such applications in the days to come. Naqvi assured that such applications would receive prompt attention from the government.
Meanwhile, the Islamabad High Court (IHC) extended the protective bail of Nawaz Sharif till October 26 in both Avenfield and Al-Azizia references.
The IHC division bench comprising Chief Justice of IHC Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing of the petition and it also issued notices to the NAB in Sharif’s petitions seeking restoration of his appeals against his sentence in both the cases. The bench extended the protective bail after the National Accountability Bureau (NAB) said that it had “no objection” to the plea filed by the former prime minister.
Nawaz Sharif along with his brother Shahbaz Sharif and other PML-N leaders appeared before the court seeking restoration of his appeals against his sentence in the Avenfield and Al-Azizia references.
The bench wrote in its order that it was submitted that since prosecution has sought time to obtain instructions and to make appropriate submission, it is only appropriate that protection be afforded to the petitioner till such date.
It added, “When confronted, learned Prosecutor General, NAB specifically stated that he has no objection to the extension of protection earlier granted to the petitioner.”
“In view of the referred position, protection afforded to the petitioner vide order dated 19.10.2023 is extended till the next date of hearing and he shall not be arrested in the meanwhile. On the next date of hearing, learned counsel for the petitioner shall also satisfy the Court regarding maintainability of the instant petition,” maintained the bench.
During the hearing, PML-N leader’s counsel Azam Nazir Tarar said that the accountability court had suspended Nawaz’s warrants in the Toshakhana case and approved his bail against surety bonds.
The IHC Chief Justice said that there were two petitions in front of the high court, both of which were related to restoration of appeals against Nawaz’s conviction. He added that they have to issue notices on these applications. Meanwhile, Justice Miangul Hassan said that for the restoration of the appeals, the petitioner had to explain why he remained absent from the court. Tarar said that they just wanted to move as per the law and you are an expert at that.
However, Justice Aamer observed that keeping Article 10-A (right to a fair trial) of the Constitution aside, the petitioner had to provide an explanation for his absences from the court. He added that you will have to prove that your absence was not deliberate and based on ill intention. Tarar replied that the Lahore High Court had granted Nawaz permission to leave the country over medical reasons. Justice Aamer said that you have made a mistake here and asked that if matters were pending in one high court, could another high court allow that.
Justice Aurangzeb also questioned the law, a court had to follow when petitions had been filed for restoration of appeals.
Justice Aamer remarked that this is not a matter of routine adding that the court would issue notices to the opposing side. “It is necessary for the court to be satisfied by your reasons,” he said. Then, PML-N’s Tarar requested the court to extend Nawaz’s protective bail so that they could prepare for further arguments to which Justice Farooq asked the prosecutor general of NAB to give his opinion on the matter.
In his response, the NAB official said the bureau had read the petition for restoration of appeal and did not have any objections to it. He further said that they had no objections to the extension in the protective bail.
At this juncture, Justice Aurangzeb asked that whether it is the same NAB? He added, “I am hearing these cases after five years and am trying to understand if this is the same NAB. He also asked whether the NAB is saying that charges of corrupt practices should remain, but the convict should be released? He added that let’s ask the NAB chairman why he is wasting public time. He continued, “If the NAB has no objections, why it does not take back the case? He then asked the bureau’s prosecutor general to take a “definite position” and instructed him to communicate NAB’s clear position on the matter at the next hearing. Later, the court issued notices to the NAB on Nawaz’s petitions for restoration of the appeals against his conviction and bail while it also extended his protective bail till tomorrow.
Earlier in the day, Nawaz Sharif appeared before the Accountability Court in Islamabad for attendance in the Toshakhana reference filed by NAB.