Court gives Nawaz nine days to surrender

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday ordered former prime minister Nawaz Sharif to surrender before the court until September 10 as the court heard appeals pertaining to Al-Azizia Steel Mills and Avenfield property references.

The bench remarked that the court wanted to give an opportunity to the former prime minister to surrender and appear before it before being declared an absconder. Justice Aamer Farooq remarked that the court would initiate the process to declare Nawaz Sharif as an absconder if he failed to present himself before court at the next date.

The Pakistan Muslim League-Nawaz (PML-N) supremo has been in London for medical treatment since November last year. A division bench, comprising Justice Farooq and Justice Mohsin Akhtar Kayani conducted hearing on a case seeking exemption from hearing for Sharif on medical grounds in appeals pertaining to graft references. Maryam Nawaz, Sharif’s counsel Khawaja Haris and NAB prosecutor Jahanzeb Bharwana appeared before the court.

During the course of the proceedings, Sharif’s lawyer said his client could still challenge the Punjab government’s decision for rejecting the extension of Nawaz Sharif’s bail, despite the summons of the court. To this, Justice Farooq said the court was not depriving the accused from his legal rights.

In February, the Punjab government rejected Sharif’s application requesting an extension in bail, stating that the PML-N supremo had failed to provide the required medical reports.

Haris said his client was not able to travel to Pakistan due to the current state of his health, adding that a relevant case was pending before the Lahore High Court (LHC). He said Sharif’s bail was rejected while he was undergoing treatment in London. Sharif was allowed to travel abroad on the recommendation of the medical board as his treatment was not possible in Pakistan, he said.

The counsel told the court that Nawaz Sharif and Shahbaz Sharif had submitted affidavits to the LHC, assuring it that Nawaz would return soon after the completion of his treatment.

On that basis, the LHC allowed the former prime minister to travel abroad for four weeks. To this, Justice Farooq observed that the LHC could not supersede the decision of the IHC, adding that the LHC’s judgment was in the limits of IHC’s decision regarding the suspension of punishment.

To a query by the bench, Khawaja Haris said the Punjab government had rejected the bail extension request of his client on February 27, even after fresh medical reports were submitted. To this, Justice Farooq remarked that the Punjab government was treating the matter in accordance with the IHC’s judgment. Haris said the LHC proceedings had no connection with this court (IHC), to which Justice Mohsin Akhtar Kayani and said it was IHC that had to decide the matter, as the appeals were pending with it. He added that the decision of the LHC was only related to the Exit Control List (ECL).

At this, Sharif’s counsel said he was admitting that his client was not on bail currently in accordance with the court verdict. Justice Kayani asked the lawyer to read the second paragraph of Shahbaz Sharif’s affidavit and asked if Nawaz Sharif had produced fresh medical reports to the Punjab government.

To this, Haris said all of Sharif’s medical reports had been submitted to the IHC’s registrar office. He added that the federal government could send any of its representatives to follow up on Nawaz Sharif’s health.

To another question by the court, Sharif’s lawyer said his client was not admitted in hospital at the moment for treatment but that did not mean he was fit for travelling.

Justice Kayani remarked that the accused had not submitted documented proof of his treatment, if this was done, the Punjab government could investigate it by sending its representative. Justice Farooq asked that if the court conducted a hearing of the situation through its representative and decided the case against Sharif, how the decision would be implemented, as the accused was abroad and what would be the status of his appeal if he was declared an absconder.

Haris said the court could take decisions after hearing his client’s appeals even after he had been declared an absconder. NAB prosecutor Jahanzeb Bharwana said no representative could be appointed for the accused as he was not in jail currently. Nawaz Sharif had to obey the IHC’s judgment regarding his bail, he said, adding that the accused had not challenged the decision of Punjab government at any forum.

He said the petition seeking exemption from hearing was not maintainable and asked the court to declare Nawaz Sharif as an absconder due to his failure to appear. To this, Justice Farooq said this court would give a last opportunity to the accused to surrender before it. After this, the court adjourned hearing Nawaz appeals till next date, while Maryam Safdar and Captain Safdar’s appeals in Avenfield property reference were adjourned till September 23.