Islamabad High Court restores Nawaz Sharif’s appeals against conviction

Appeals should be reinstated” if absconder appears before court. NAB

Nawaz to start political activities next week as PML-N eyes Sindh too,

Islamabad_The Islamabad High Court has ordered to restore the appeals of former prime minister Nawaz Sharif against his sentence in the Avenfield and Al-Azizia references of the National Accountability Bureau (NAB).

Earlier today, the court had reserved its judgement, while the NAB had said that it did not have any objection if the appeals were restored.

A division bench of the high court, comprising IHC Chief Justice Aamir Farooq and Justice Miangul Hasan Aurangzeb, announced the verdict.

There is no order to arrest Nawaz Sharif in any court decision, NAB Prosecutor General Ehtisham Qadir said, adding that at the most, the court may seek new surety bonds from Nawaz Sharif.

The moment the petitioner surrendered, he presented himself at the mercy of the court, the prosecutor general argued, adding that the bureau did not require Nawaz Sharif’s arrest.

As far as the “girl” is concerned, Justice Aurangzeb remarked in reference to Maryam Nawaz, she has no role in the case.

To the extent of Maryam Nawaz, the court was told that when the Avenfield apartments were purchased she was 18 years old, Justice Aurangzeb said.

Lawyer Amjad Pervaiz said that when the court suspended the sentence, at that time the roles of all the accused were described separately. The court wrote in the verdict that without discussing the role of Nawaz Sharif, the appeals cannot be decided, he added.

The court had clarified in the acquittal verdict of Maryam Nawaz in the Avenfield reference. The court wrote in the verdict that the NAB failed to prove the role of Nawaz Sharif, he maintained.

The court said that the NAB was given several opportunities, but it changed its lawyers thrice, Amjad Pervaiz said.

If the appeals are restored, we will give arguments, the NAB prosecutor general remarked, adding that in the first stage, the bureau had no objection to the restoration of the appeals.

It is the observation of this court that when a proclaimed offender surrenders, they should be dealt with under the law, Ehtsham Qadir noted.

Post-hearing, the court staff ordered the police to confiscate the phones of everyone taking pictures with Nawaz Sharif. “Seize the phones of everyone taking pictures,” they said.

Don’t turn the court into a wrestling ring and switch off the phones, the staff ordered.

NAB Prosecutor General Advocate Syed Ihtesham Qadir Shah, at the start of the hearing, said that the anti-graft watchdog could only withdraw the reference against Nawaz if “the decision was not heard”.

“We have read about both the cases,” he said, informing 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.

“The references were then filed with the NAB chairman’s approval. When the accountability court issued its verdict, appeals were filed,” the prosecutor general added.

The window to withdraw the reference was during the said trial, Shah noted, adding that in line with the law, an appeal can be filed, but the reference itself cannot be withdrawn after the sentence has been awarded.

“If an appeal is filed, a decision has to be made, it cannot be dismissed even for non-pursuance,” he said. Shah said if the appeals are to be restored, then the arguments will be heard on merit and then a decision will be taken.

He told the court that speculations were being made that NAB had surrendered, but “let me assure you that this is not the situation”. Shah said it is his job to advise the NAB chairman in line with the law.

Nawaz had filed two pleas, but both were dismissed on grounds of non-pursuance.

“But right now, we don’t have any objection to Nawaz’s pleas in the first phase. If an absconder has surrendered before the court, then their appeals should be reinstated.”

PML-N lawyer Amjad Pervaiz said the court has made it clear in the verdict acquitting PML-N Chief Organiser Maryam Nawaz in the Avenfield reference.

The court said that NAB was given chances repeatedly but the body changed lawyers thrice, Pervaiz said. “The court also mentioned that NAB has failed to fulfil its responsibility.”

Meanwhile,

With the general elections not far away and the PML-N relying on its supremo’s charisma, former prime minister Nawaz Sharif will start his political activities from next week to generate enthusiasm among the party voters who have been unhappy with the performance of Shehbaz Sharif government.

Last week, Nawaz returned to Pakistan and addressed a huge rally in Lahore after spending four years in self-exile. The historic welcome by hundreds of thousands of people surprised not only his political opponents but also many experts who were expecting a muted response due to the price hike witnessed under the coalition government.

On the other hand, the PML-N is also focusing on Sindh, especially Karachi, as the party is reportedly in talks with the MQM-P amid the reports that the JUI-F will also be part of an electoral alliance in the province.

According to sources, the MQM-P leaders are expected to meet the former premier in the coming days to finalise the details.
Earlier, PML-N leaders from Sindh had promised that their party would produce surprising electoral results in the province with Bashir Memon openly talking about a three-party electoral alliance.

Sources in PML-N say Nawaz has directed the party to devise a strategy for election campaign under which he will hold rallies and conventions across the country to reach and mobilise the supporters.

That’s why, the sources say, the three-time prime minister asked the provincial party chapters to announce schedule and make arrangement for public gatherings.

In this connection, according to these sources, the PML-N Punjab has proposed that Nawaz should hold his first rally in Kasur – one of the party strongholds which remained loyal to him since 1990 – while the Khyber Pakhtunkhwa chapter suggested Mansehra for the purpose.

The sources say the provincial party leadership have already started consultations for selecting the towns and cities, dates and related arrangements.

But Punjab and Khyber Pakhtunkhwa aren’t the sole focus of Nawaz who will also visit Sindh and Balochistan, the source said, adding that the top PML-N leadership had directed the leaders, party officials and ticket holders to remain active in their respective areas.

At the same time, Shehbaz, his son Hamza and Maryam Nawaz – the PML-N chief organiser who is widely considered as the future heiress of Nawaz’s political legacy – will hold also separate rallies in different areas.

 

 

 

 

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