ISLAMABAD: Former Attorney General of Pakistan Irfan Qadir has said that all the three references against former Prime Minister Nawaz Sharif are about assets beyond known sources of income, so if he has been given clean chit in one reference then he cannot be sentenced in other two references.
Talking exclusively to The News. he said Article 13 of the Constitution states: “No one is to be prosecuted or punished for the same offense more than once.” “First, only one reference can be filed on one offence and, secondly, if more than one reference is filed on the basis of same offence then if the accused is acquitted in one reference then he/she cannot be sentenced in other such references,” he said. Irfan Qadir said the case of Nawaz Sharif is quite unique in its essence because the Supreme Court ordered National Accountability Bureau (NAB) to file references, which it could not do according to the Constitution, and then it also ordered it to file more than one reference on the basis of one offence.
“I categorically stated at that time that honourable court should not have done it. First, it was not authorised to give orders to NAB for filing of references because it was an independent body. Secondly, more than one reference could not be filed on same offence,” he said.
The former Attorney General said the term ‘assets beyond means’ is taken in ‘plural form’, so if an accused has so many assets, only one reference can be filed against him, adding, “If any accused has dozens of assets, so it does not mean that dozens of references should be filed against him.”
Referring to the NRO case, he said the Supreme Court ordered NAB to file reference against Malik Muhammad Qayyum, but he asked then NAB chairman Fasih Bokhari not to do it because the apex court could not direct NAB in this respect.
“When I suggested this to Fasih Bokhari then NAB did not file reference against Malik Muhammad Qayyum. So, everything can be done only in line with the Constitution,” he said. He said the Accountability Court on December 24, 2018, announced that “It didn’t find anything against Nawaz Sharif in reference No 18 [Flagship Investment] and the accused is acquitted in this case.”
But he was sent to jail for seven years in the Al-Azizia Steel Mills corruption reference in which he was later given 6-week bail on medical grounds by the Supreme Court that expired on May 7.
While in Avenfield reference case, the Islamabad High Court (IHC) suspended on September 19, 2018, the 10-year sentence for Nawaz Sharif, and the seven-year term given to his daughter by the Accountability Court.
Irfan Qadir also went on to say the Election Commission of Pakistan (ECP) can disqualify any person, but it is not right of the court to disqualify any person.
“If the Speaker National Assembly, the Senate chairman or the speaker of any provincial assembly file reference against any elected member then the ECP can disqualify him/her on the basis of it,” he said.
