NAB stated it had “no objections” to the petition made by the ousted prime minister, and the Islamabad High Court on Tuesday extended PML-N supremo Nawaz Sharif’s protective bail in the Avenfield and Al-Azizia cases—in which he had been found guilty—until October 26.
The verdict was made in response to Nawaz’s pleas for protective bail in the cases and the reinstatement of his appeals against his conviction. The IHC division bench, which was made up of Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, made the decisions.
The Avenfield Properties Corruption Reference sentenced deposed Nawaz to 10 years in prison in July 2018 for possessing assets over his known income and one year in prison for refusing to cooperate with the NAB, all of which were to be served consecutively.
The Al-Azizia Steel Mills corruption case refers to the incident in which he was given a seven-year prison sentence on December 24, 2018, transported to Rawalpindi’s Adiala Jail, and then transferred the following day to Lahore’s Kot Lakhpat jail. In the case, he was also fined Rs. 1.5 billion and $25 million.
Nawaz was granted permission by the LHC to go to London in November after being freed from prison in March 2019. In all instances, the IHC proclaimed him an offender in December 2020.
Nawaz’s protective bail in the cases had been confirmed by the IHC last week; this cleared the way for his return on October 21.
Nawaz, his brother Shehbaz Sharif, and a number of other party leaders were present in court today during the hearings.
The accountability court had suspended Nawaz’s warrants in the Toshakhana case and approved his bail against surety bonds, according to PML-N’s Azam Nazir Tarar, who spoke at the beginning of the session.
Justice Farooq stated that the high court was now hearing two petitions, both of which centered on the restoration of appeals against Nawaz’s conviction. The judge said, “We must publish notices on these applications.”
Justice Aurangzeb stated that the petitioner needed to provide justification for his absence from court in order for the appeals to be reinstated.
Then Tarar responded, “We just want to move as per the law and you are an expert at that.”
But Justice Farooq insisted that, putting aside the Constitution’s Article 10-A (right to a fair trial), the petitioner had to give a reason for his absences from court.
Justice Aurangzeb continued, “You will have to prove that your absences were not planned and motivated by malice.”
For his part, Tarar claimed that Nawaz had been given permission to leave the country for medical reasons by the Lahore High Court.
Justice Farooq stated, “You have made a mistake here,” and questioned whether a high court could let such.
Justice Aurangzeb also questioned the legal requirements that courts must follow when applications for the restoration of appeals are filed.
The IHC CJ said, “This is not a matter of routine, this is a matter of show cause,” adding that the court would send letters to the opposing party. “The court must be satisfied by your reasons,” he remarked.
In order to prepare for further arguments, Tarar of the PML-N sought the court to prolong Nawaz’s protected bail at one point. Justice Farooq then asked the prosecutor general of the NAB for his opinion on the topic.
The NAB representative responded by stating that after reading the petition for the reinstatement of appeal, the bureau had no issues with it. He added that they had no issues with the protected bail’s prolongation.
Asking, “Is this the same NAB?” Here, Justice Aurangzeb questioned. After five years, “I am hearing these cases and am trying to understand if this is the same NAB,” he said.
The judge continued, “Is the NAB saying that while the convict should be released, the charges of corrupt practices should remain?” “Let’s ask the NAB chairman why he is wasting the public’s time.”
“If NAB has no objections, why doesn’t it take back the case?” questioned Justice Aurangzeb. He then instructed the prosecutor general of the bureau to adopt a “definitive position” and to provide the NAB’s unambiguous position on the issue at the ensuing hearing.
On Nawaz’s requests for the restoration of the appeals against his conviction, the court subsequently sent letters to the NAB. Additionally, it prolonged the protective bail of the PML-N leader until Thursday.
Nawaz grinned as the PML-N leader was asked whether he will vote in the upcoming elections earlier while speaking to media.
In the Toshakhana case, bail was confirmed.
A separate accountability court in Islamabad upheld the PML-N leader’s release on bail in the Toshakhana case.
On October 19, the accountability court had suspended the permanent arrest orders for Nawaz issued in the Toshakhana case for 2020.
According to the lawsuit, Nawaz, former president Asif Ali Zardari, and former prime minister Yousuf Raza Gilani all received luxury cars and gifts from the Toshakhana, a division that houses gifts given to rulers, lawmakers, bureaucrats, and other officials by heads of other governments, states, and foreign dignitaries.
The former premier was the subject of non-bailable arrest warrants that were issued by an accountability court in June 2020. Nawaz contested the warrants at the Islamabad High Court months later, but he later withdrew the case.
He was identified as a proclaimed offender in the case on September 10, 2020, and an accountability court ordered that his properties be seized and that the National Accountability Bureau (NAB) arrest him using Interpol.
The PML-N leader was given extra security by Islamabad police as he traveled to court, joining his protocol at the Toll Plaza.
When Nawaz arrived at the accountability court, it was captured on camera that his car was covered in rose petals and that there were a lot of PML-N supporters waiting at the back.
Judge Muhammad Bashir presided over the hearing, which also included PML-N leaders Shehbaz Sharif, Ahsan Iqbal, Khawaja Asif, Ayaz Sadiq, and Saad Rafique.
The court gave the order to record Nawaz’s attendance at the beginning of the session. However, there was a disturbance during the session, and the judge ordered Nawaz to leave.
The NAB prosecutor argued that since Nawaz had surrendered, his arrest warrants should be revoked when the court resumed. The trial can proceed if the warrants are revoked, he said.
The court subsequently upheld Nawaz’s bail in the case in exchange for one million rupee surety bonds. The case’s further hearing was postponed until November 20.
In addition, the court sent letters to the NAB regarding Nawaz’s request for a hearing to provide reasons in support of his request to have his property returned.
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