ISLAMABAD - While hearing the Sharif family’s appeals against their conviction and the National Accountability Bureau (NAB) in corruption cases, the Islamabad High Court (IHC) Tuesday observed that it would ensure that all requirements of a transparent trial are met and it cannot bulldoze everything in Nawaz Sharif’s absence.
A division bench of IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani made the observation during the hearing of the appeals filed by former prime minister Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Muhammad Safdar Awan as well as the NAB’s appeals against them in the Avenfield property, Al-Azizia Steel Mills and Flagship Investment references.
During the proceeding, Justice Aamer asked from PML-N Senator Azam Nazir Tarar that who would represent Nawaz Sharif if his appeal is heard.
Tarar replied that normally in such cases, the courts delay the decisions on appeals so that the requirements of justice can be met.
The PML-N leader said that Nawaz’ case is different from others and a representative cannot be appointed for him.
He added that instead of appointing a representative for Nawaz Sharif, the court may reject the appeal concerning non-representation.
Tarar maintained that Sharif can have the case reopened or take another course of action in the case when he returns from abroad. The PML-N Senator suggested the court to turn down the appeals of Muhammad Nawaz Sharif due to non-appearance. He said that the situation could be different if a representative was appointed for the court in presence of the accused. He argued that usually the courts used to adjourn appeals for indefinite time in such circumstances.
He further said that there were also precedents that the appeals were dismissed in absence of the accused and later these were reopened after the appellants surrendered before courts.
He said that the petitioner could give application to the court after surrendering for restoration of his dismissed appeals.
Then, Justice Farooq asked from the NAB prosecutor that Maryam’s lawyer has asked for a delay in the case and there are two other appeals. Now, how should we proceed with them?
Showing some consent with Tarar’s suggestion, the NAB prosecutor said that a representative cannot be appointed for Nawaz Sharif and requested the court to reject Nawaz’s pleas.
Justice Kayani remarked that there are also instances where the court annulled an acquittal and handed a sentence.
Justice Farooq also said that they are making efforts to ensure that all requirements of a transparent trial are met but they cannot bulldoze everything in Nawaz Sharif’s absence and the court have to make a decision as per the law.
NAB Prosecutor Jahanzeb Bharwana prayed to the court to hear the appeals of Nawaz Sharif on merit and give the judgment in his absence.
Justice Farooq asked Tarar to assist the bench on the point that how the proceedings on appeals could be forwarded in absence of the accused.
Justice Aamer Farooq remarked that this bench was not going to pass any order currently. However, the bench instructed the two sides to assist the court regarding legal points in light of the court decisions of top courts in similar cases.
The court sought the lawyers’ stance over the point whether Nawaz’s plea should be heard and deferred the proceedings till June 9.
Maryam Nawaz’s lawyer Amjad Pervaiz could not appear due to engagements in Lahore and requested the bench to grant one-day exemption from hearing.
Maryam Nawaz and Muhammad Safdar had filed appeals against their sentences in Avenfiled reference while Nawaz Sharif had challenged his imprisonment sentences in Al-Azizia Steel Mills and Avenfiled property cases.
However, the NAB had challenged the acquittal of Nawaz Sharif in Flagship Investment reference and also pleaded to extend the imprisonment sentence of Nawaz Sharif in Al-Azizia Steel Mills case. The former prime minister was handed a total of 11 year imprisonment sentence and slapped 1.3 billion fine.
Maryam Nawaz was sentenced eight-year jail along with a fine of Rs335 millions in Avenfield Apartment reference by the accountability court. Muhammad Safdar has been given one-year sentence without any fine. Similarly, Nawaz Sharif was awarded seven-year jail along with Rs1.5 billion and $25 million fine in Al-Azizia Steel Mills reference.