‘Judgments based on wishes not justice’

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday rejected a request of the National Accountability Court (NAB) against appeals of the Sharif family members as former PM Mian Nawaz Sharif's counsel, Khawaja Harris, concluded his arguments on his petition for suspension of the Accountability Court’s verdict against him in the Avenfield properties reference.

The lawyer of Maryam Nawaz started his arguments. A two-member bench of the IHC, comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb, resumed hearing into Nawaz's petition.

As the hearing started, Deputy Prosecutor General Sardar Muzaffar Abbasi requested the court for time to provide paragraph-wise comments in line with the request of Nawaz’s counsel Khawaja Harris. The NAB prosecutor requested the court that the hearing be adjourned for two days so he could reply as he did not receive a copy of the court order in time. Rejecting his request, Justice Athar Minallah remarked, "We cannot adjourn the hearing on these grounds."

The NAB counsel further said he was not in town but the bench rejected his plea and Nawaz's counsel started presenting his arguments before the court. Justice Minallah asked Nawaz's counsel, "According to you, there's no record of Nawaz's property." To this, he replied, "NAB witnesses have agreed that there is no evidence against Nawaz."

The NAB prosecutor said, "NAB has brought forth records of known sources of income of Nawaz and his children." He also said that he will put up reply to all the questions. Justice Minallah questioned how the known sources of income were brought on record. "This is not a case of money laundering," he said. Responding to the judge, the NAB prosecutor said, "I will explain it to you." However, Justice Minallah asked, "What is the contradiction when the worth of assets is not known?"

Further, Harris informed the two-judge bench that prosecution's star witness and Panamagate Joint Investigation Team (JIT) head Wajid Zia presented a chart of assets. "The JIT made the chart but Zia had presented it," he said.

"Reservations were raised in the JIT report on this chart which are on record," Nawaz's counsel added. Justice Minallah remarked, "The registrar's office has stated that incorrect statements attributed to judges were aired after the hearing on August 13 and we have taken serious notice of this. We are also forwarding the matter to the Federal Investigation Agency (FIA)."

He further said, "We value the media but those who are engaged in this (wrong practice) are involved in contempt of court." He remarked, "If judgments are given on one's wishes, then there will be no justice."

"For a fair trial, it is essential to have trust in the legal system and if trials start taking place outside court then that is contempt of court," Justice Minallah said. "We have no pressure from anyone and have to pass judgments based on law no matter who the convict," he asserted.

The Sharif family had petitioned against their convictions in the Avenfield reference. Nawaz had also filed a plea to transfer the Al-Azizia and Flagship Investment corruption references from the court of Judge Mohammad Bashir to another accountability court.

Nawaz was sentenced to a total of 11 years in prison and slapped a £8 million fine (Rs1.3 billion) in the corruption reference, while his daughter Maryam was sentenced to eight years with a £2 million fine (Rs335 million). Capt (retd) Safdar was also given a one-year sentence without any fine.

Nawaz and his sons, Hussain and Hassan, are accused in all the three references whereas Maryam and Safdar were accused in the Avenfield reference only. The two brothers, based abroad, have been absconding since the proceedings began last year and were declared proclaimed offenders by the court.