Nawaz’ disqualification attained finality: judge

ISLAMABAD: The Accountability Court in its detailed verdict in Flagship reference against Nawaz Sharif has held that the Supreme Court judgment of July 28, 2017 - in which former prime minister was disqualified for not declaring his salary from Capital FZE - has attained finality.

In the detailed verdict, released on Sunday, Judge Muhammad Arshad Malik opined that the disqualification of the former prime minister does not require any further discussion by the Accountability Court as the matter has been dealt with by the Supreme Court.

“It is apparent from the judgment dated 28-07-2017 of the Supreme Court of Pakistan and also from the judgment reported as PLD-2018 SC 1 that accused No.1 (Nawaz Sharif) through his counsel has admitted his appointment and employment as Chairman of the Board of Capital FZE as well as the monthly salary of AED10,000 but claimed that he never actually withdrew any such salary. This position having been dealt with by the SC admittedly has gone against the accused No.1 and has not attained finality and does not require further discussion by the court.”

The verdict further says that the matter before the SC involved non-declaration of an admitted asset in his nomination form of Nawaz whereas the focus of the Flagship case was alleged acquisition and possession of “assets” beyond the known sources of income of the accused within the meaning of the NAB ordinance and hence the two are “separate and distinct”.

The judge acquitted Nawaz Sharif of all charges leveled in the reference giving him the benefit of the doubt.

This is the first time an Accountability Court has given the former prime minister the benefit of the doubt. In previous two cases against Nawaz Sharif, namely the Avenfield apartment case and Al-Azizia Steel Mills case, the former prime minister was declared guilty on the basis of presumption under the NAB Ordinance.

“Whilst the possibility of the accused No 1 being the real beneficial owners of the assets referred to in the charge cannot be ruled out, based on available evidence in this particular reference, this court is inclined to extend the benefit of the doubt to the accused No 1. As such, while giving him benefit of doubt, I do hereby acquit him of the charge as framed against him personally.”

On Dec 24, Judge Arshad Malik announced in the court that “he didn’t find anything against Nawaz Sharif in reference No 18 (Flagship Investment) and the accused is acquitted in this case”. He same day while announcing the Al-Azizia/Hill Metal Establishment (HME) case, the court convicted the former prime minister and awarded him seven years’ imprisonment. Nawaz was subsequently arrested from the court and shifted to jail.