Avenfield case verdict: No option but to suspend IHC verdict, says CJP

ISLAMABAD: The Chief Justice of Pakistan (CJP), Justice Mian Saqib Nisar, on Tuesday said the Supreme Court had no option but to suspend the Islamabad High Court (IHC) verdict in the Avenfield reference case against former prime minister Muhammad Nawaz Sharif and his family.

The top judge gave this observation while heading a three-member bench that resumed hearing of a petition filed by the National Accountability Bureau (NAB). The petition challenged the IHC’s verdict of suspending the jail terms handed down to Muhammad Nawaz Sharif, daughter Maryam Nawaz and son-in-law Captain (retd) Muhammad Safdar in the case.

As the proceedings began, the chief justice asked how the high court could identify the loopholes in evidence while deciding on the petition for bail. He remarked that the IHC verdict had destroyed the field of law.

"This was the Supreme Court's kindness that it referred the case to the trial court, otherwise the apex court should have decided on Nawaz Sharif's case," the CJP said. "Four different stances were presented in the case from Qatari prince’s letter to others... How were the assets formed? Did they fly from somewhere? You had to prove what was the source of making properties?" the chief justice told Khawaja Haris, the Sharif family's lawyer.

Haris said, "Sir, please do not do this. This is not the law." At this, Justice Nisar said they would decide what the law would be, reminding him, "Neither this is a trial court nor a high court. This is the Supreme Court."

The special NAB prosecutor told the bench that case facts could not be discussed during the hearing of a constitutional petition, and sentences could not be suspended under the writ jurisdiction.

Khawaja Haris asked Chief Justice Nisar to take rest as he had undergone an angioplasty procedure two days ago. To this, the chief justice remarked that he had resumed his court duties keeping in consideration the sensitivity of the case. The hearing of the appeal was adjourned till November 12.

The NAB had filed the petition with the apex court last month challenging an earlier decision by the IHC which suspended the sentences given to Nawaz, Maryam Nawaz and son-in-law Captain (R) Safdar in the Avenfield properties reference.

The SC bench resumed hearing on Tuesday after having issued notices to the former premier and his daughter on October 24. On October 24, the apex court had observed that it would not take notice of the appeal against Captain Safdar's sentence suspension, since his prison term was only one year. The NAB prosecutor had told the bench that the IHC order comprised 43 pages.

To this, the chief justice had observed that the order should have taken 1.5-2 pages at the most. Ask anyone, if they have ever seen an order taking up as many as 43 pages, the top judge had remarked.