Avenfield and Al-Azizia references: IHC extends Nawaz’s bail till tomorrow

ISLAMABAD: The Islamabad High Court on Tuesday issued a notice to the National Accountability Bureau (NAB) on petitions to revive the appeals of Pakistan Muslim League-Nawaz (PMLN) supremo and former prime minister Nawaz Sharif against his conviction in the Avenfield and Al-Azizia references.

The court also extended Nawaz’s protective bail till October 26 (tomorrow).

A special bench comprising Chief Justice Amer Farooq and Justice Mian Gul Hassan Aurangzeb heard the appeals against Nawaz Sharif’s sentence. During the hearing, Advocate Azam Nazir Tarar came to the rostrum and said that the petitions were requests to restore the appeals.

The IHC chief justice said that “now we have to issue a notice on this and listen to NAB”. On this, Azam Nazir Tarar said: “I will satisfy you by giving arguments.”

The court inquired that when a declaration of this kind is given, can they ask for restoring appeals? “Nawaz Sharif has to justify why he became an absconder. Why did he not appear in court?”

“Let me make one thing clear, you will have to go according to law,” the IHC CJ said.

Tarar said that Nawaz was not deliberately absent as he went abroad with the permission of court. “We have been submitting medical reports in the court.” Justice Amer remarked that the custody of Nawaz was under this court but they went to another court. Tarar said that they had informed the court (IHC) about the relief from the other court, adding the

situation was different before Article 10A of the Constitution.

The IHC CJ said that Article 10A also contains the decision of Hayat Bakhsh case, adding that it was not a routine matter to restore appeals. “Why were you absent from the court?”

Advocate Tarar replied that the NAB court dismissed the status of proclaimed offender. “Nawaz Sharif has seen many difficulties during all this time, his mother and wife died during this time,” he said. Justice Mian Gul Hasan Aurangzeb remarked that all the blame had been shifted to the courts. “Look at the conduct of NAB. Take instructions from the NAB chairman that why are they wasting the court’s time?”

Justice Amer asked that if NAB thinks that the references were filed wrongly, then they should withdraw them. If the references are to be withdrawn, how it can be done?

Tarar replied that many accusations had been made against Nawaz Sharif. The judiciary and Constitution would exonerate Nawaz.

Justice Mian Gul Hasan Aurangzeb inquired that when NAB was not opposing anything, why were they filing appeals? “Take instructions from the NAB chairman and tell us clearly so that we can decide and do something else,” he remarked.

The IHC CJ asked the NAB prosecutor general that if NAB wanted to arrest Nawaz. The prosecutor replied that they do not want to arrest the PMLN supremo. The chief justice then inquired whether NAB had any objection to the extension of Nawaz’s pre-arrest bail. The NAB prosecutor said they had no objection. It should be noted the IHC had approved Nawaz’s protective bail till Tuesday (Oct 24). Separately, the Accountability Court, Islamabad, on Tuesday cancelled perpetual arrest warrants for Nawaz in the Toshakhana case after he surrendered before the court.

Judge Muhammad Bashir also confirmed Nawaz’s bail against surety bonds of Rs1 million. Further hearing of the case was adjourned till November 20. For the first time since his return from London, after four years of self-exile, the former premier appeared before a court in connection with the corruption cases against him. The case alleges that Nawaz Sharif, former president Asif Ali Zardari and ex-prime minister Yousuf Raza Gilani received luxury vehicles and gifts from the Toshakhana.

In June 2020, an accountability court had issued non-bailable arrest warrants for Nawaz. Months later, Nawaz challenged the warrants in the IHC but had withdrawn the petition days later. Earlier, the Islamabad police provided the PMLN supremo special security as he made his way to court, joining his protocol at the Toll Plaza. Footage aired on television of Nawaz’s arrival at the Accountability Court showed his car, which had been showered with rose petals, going through the gate with a large number of PMLN supporters. PMLN leaders Shehbaz Sharif, Ahsan Iqbal, Khawaja Asif, Ayaz Sadiq and Saad Rafique were also present for the hearing. At the outset of the hearing, the court directed to mark Nawaz’s attendance. The hearing, however, was marred by commotion after which the court directed Nawaz to leave the courtroom. When the hearing resumed, the NAB prosecutor contended that Nawaz had surrendered, therefore, his arrest warrants should be cancelled. “If the warrants are cancelled, then the trial can move forward,” he said. Meanwhile, Yousaf Raza Gillani also appeared in Accountability Court in Toshakhana Reference hearing. Asif Ali Zardari could not appear in the hearing and his lawyer Farooq H Naek sought an exemption from the court. The court granted Zardari’s exemption plea in the case hearing.