Islamabad High Court restores ex-PM’s appeals against his conviction in Al Azizia, Avenfield references n NAB doesn’t want to arrest petitioner after surrender, prosecutor tells two-judge bench n PML-N leader likely to address public rallies across country from next week.
ISLAMABAD/LAHORE - The Islamabad High Court Thursday restored Pakistan Muslim League-Nawaz’s (PML-N) Quaid Muhammad Nawaz Sharif’s appeals against his conviction in Al Azizia and Avenfield references.
A division bench of IHC comprising Chief Justice Islamabad High Court, Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb announced the verdict on petitions seeking restoration of appeals in Islamabad on Thursday. Former PM Nawaz Sharif appeared before the bench along with his daughter Maryam Nawaz and legal team.
During the hearing, NAB Prosecutor General Ehtesham Qadir Shah stated that the court had directed the watchdog’s chairman to provide an opinion on the bail pleas. He informed the court, “We had an extensive discussion regarding the petitions.”
Shah said focusing on the Avenfield case that the reference could potentially be withdrawn if the verdict had not been announced. He also emphasised that there was a possibility of withdrawing the reference during an ongoing trial.
He maintained that according to Pakistani laws, if an appeal is accepted against a decision, the reference cannot be withdrawn. He added that if an appeal is submitted, a decision must be reached, and it cannot be dismissed based on non-compliance.
The NAB PG further said that the reference had been filed in accordance with the Supreme Court’s order and had received approval from the NAB chairman. He added that they have read about both the cases and informed the court that the Avenfield reference was filed on the Supreme Court’s order and on the same court’s order, he said, a joint investigation team was also formed.
He highlighted that the accused would be entitled to all legal remedies if they followed the law. He continued that if a proclaimed offender surrenders, they should be granted all legal remedies.
He pointed out that the NAB had no objections to restoring appeals against Nawaz’s conviction, affirming that they will provide their opinion on the appeals once they are scheduled for a hearing.
Nawaz’s counsel Azam Nazir Tarar said that in his 30-year career, he had never witnessed a case where a proclaimed offender appeared before the court, yet his right to appeal was not reinstated. “The moment an accused appears in court, the warrants against them stand canceled the very moment,” he said.
Amjad Parvez, counsel for Nawaz, also stated that the court had scrutinised his client’s role in the appeals against the sentences of Maryam Nawaz and Captain (r) Safdar.
He explained that the court had concluded that making a decision on the appeals of the remaining two accused was impossible “without evaluating Nawaz’s character”.
At this, Justice Aamer asked from the NAB prosecutor general that whether he sought a decision on Nawaz’s appeals based on merit. He responded that yes, please. Nawaz Sharif has surrendered and is currently at the disposal of the court.
The IHC Chief Justice also asked the NAB prosecutor if he intended to apprehend the PML-N leader. The NAB prosecutor responded, “Not at all, as I have already stated this previously.”
He emphasised that prior court orders related to Nawaz did not include any mention of arrest, stating that the most the court can do is to obtain new surety bonds from the PML-N leader.
After hearing the arguments, the court reserved the verdict on the petitions and later announced the same by restoring his appeals in both the cases.
In the wake of the renewed appeals in the Al-Azizia and Avenfield cases, the PML-N supremo Mian Nawaz Sharif is preparing to launch his political activities next week with a view to revitalising the party cadres ahead of the upcoming elections due in January next year.
All provincial party organisations have received directives to devise plans for public rallies to be addressed by Mian Nawaz Sharif as part of the party’s election campaign, according to the party sources. A detailed schedule for these public gatherings will be released shortly, they said.
PML-N President Mian Shehbaz Sharif recently stated that the Minar-e-Pakistan rally on October 21st marked the commencement of electioneering leading up to the general elections.
A party source informed this scribe that Mian Nawaz Sharif intends to address rallies and conventions across the country including visits to Sindh, Balochistan, and KPK provinces. He also stated that party organizations are currently in the process of consultations to determine the locations, dates, and other logistical details for these rallies.
A source within the PML-N’s Punjab organization disclosed that Mian Nawaz Sharif’s first public gathering is expected to take place in Kasur, followed by a similar event in Mansehra, KPK.
Party members, including those holding tickets, have been instructed to be actively engaged in their respective constituencies as part of the extensive mobilization campaign.
Additionally, it has been decided that former Prime Minister Mian Shehbaz Sharif, party’s Chief Organizer Maryam Nawaz Sharif and Vice President Hamza Shehbaz will lead separate rallies in various constituencies.
Mian Nawaz Sharif’s return to the political forefront in Pakistan has ignited significant discussions and speculations about his ability to galvanize the party ahead of the January elections. With his charismatic leadership and extensive political experience, Nawaz Sharif is considered a pivotal figure for the party and a potential gamechanger in the political landscape.
Nawaz Sharif’s return provides a much-needed boost to the morale of the PML-N supporters and workers. His presence on the political stage is expected to reinvigorate the party, rallying its base and instilling a renewed sense of purpose and unity.
Nawaz Sharif’s ability to connect with voters, especially in the critical province of Punjab, cannot be underestimated. As a former prime minister and three-time leader of Pakistan, he carries substantial political weight and recognition. This recognition may translate into electoral gains for the PML-N, particularly in a fiercely contested electoral environment.
However, challenges lie ahead. Legal and accountability issues still loom over Nawaz Sharif, and his return is not without controversy. The accountability process and legal battles could potentially detract from the party’s electoral efforts. Furthermore, while he remains a popular figure, the political landscape in Pakistan has evolved since his departure, with new leaders and parties emerging. The PML-N will need to adapt to these changes and present a coherent and appealing platform to voters.
Mian Nawaz Sharif’s return and his active role in electioneering undoubtedly has the potential to galvanise the PML-N and reshape the political dynamics in Pakistan. However, the party must also navigate the legal challenges and evolving political landscape to make the most of this opportunity. The coming elections in Pakistan will be a critical test of Nawaz Sharif’s ability to steer the PML-N to success.
Meanwhile, the Islamabad High Court (IHC) Thursday turned down Chairman Pakistan Tehreek- e-Insaf (PTI) chairman Imran Khan’s petition challenging his indictment in the cipher case.
A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq disposed of Imran Khan’s petition while issuing directions that he be provided a “fair trial”.
During the hearing, Imran’s counsel Salman Safdar stated that it took him 10 days to complete his arguments on another petition filed by Imran seeking bail in the said case.
Justice Aamer remarked that he was also taking time in announcing the verdict because such a matter had emerged for the first time and arguments by both sides were presented properly.
Then, Safdar stated that the copies of the cipher case challan had been distributed in the court. “They clearly show that he [Imran] was indicted within a few days,” he said. He contended, “The entire case revolves around this document but the cipher is neither part of the challan nor the case file.”
The lawyer requested that please grant us some relief. He further highlighted that three things were ignored in the case. “The arrest was secret, the remand was secret and charges were framed on the sixth day,” Safdar added.
In his petition, the PTI Chairman urged the IHC it to declare the exercise of framing charges against him as “illegal and unlawful”.
He moved the court through his lawyer Salman Safdar Advocate and cited the state through the Attorney General’s office and Secretary Ministry of Interior as respondents.
The counsel stated that the petitioner was quite aggrieved with the mode and manner of framing of charges as well as the proceedings and the trial under the Official Secrets Act. He added that the trial is clearly progressing, violating and compromising settled principles of ‘criminal law’ resulting in grave miscarriage of justice.
He contended that the judge in the case, in “sheer haste, compromising fair trial and procedure, proceeded to frame charges against the accused despite serious objections and pendency of applications filed before the court …”.
The counsel maintained that there was a “visible haste” apparent in the actions of the judge. He further said that there seems to be a clear rush and haste on past of learned trial judge to hurriedly frame charges and conclude trial. This contention holds appeal especially in light of the fact that challan has only recently been submitted in court, and there is no direction” for its early conclusion or for conducting day-to-day hearing by any superior court.
He continued that the special court had framed charges under Section 5 of the Official Secrets Act, which was in “blatant and brazen violation of the law”. He also said that Imran’s “secret arrest” followed by “secret remand” and the haste in indicting him were “clearly indicative of erroneous approach and understanding of practice and procedure whilst adjudicating on the cipher trial.
Salman added that the judge had committed a “gross illegality” by framing charges in the absence of “main documentary evidence”. He said that the exercise of framing charges would be “pointless and futile when the nucleus of the prosecution case, cipher telegram, is not part of the challan”.
He argued that the charges could be framed after seven days of distribution of challan copies and the trial court did not fulfill legal requirement in this regard. Therefore, he prayed to the IHC to declare the “hasty exercise” of framing of charges to be “illegal, unlawful and against the settled principles of the Code of Criminal Procedure”.
He further requested the court to declare the exercise in violation of Article 4 (due process) and 10-A (right to fair trial) of the Constitution. He continued that it is further prayed that the incurable irregularity be cured with an appropriate direction and evidence may not be recorded on [a] defective charge.