IHC asks Nawaz to surrender

ISLAMABAD: The Islamabad High Court (IHC) Tuesday gave an opportunity to former prime minister and PML-N Quaid Muhammad Nawaz Sharif to get back and surrender himself to it by September 10.

A division bench of the court, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, heard appeals filed by the National Accountability Bureau (NAB) against Nawaz Sharif’s acquittal in Flagship reference as well as appeals against his conviction in Al-Azizia reference. Sharif’s daughter Maryam Nawaz along her husband Captain (R) Muhammad Safdar also appeared before the court. Justice Aamir Farooq remarked that the court was not declaring Nawaz an absconder and giving him an opportunity to surrender.

Sharif’s lawyer Khawaja Haris argued that his client's bail had been approved after suspension of his sentence in Avenfield Apartments reference.

Haris said his client had been granted conditional bail in the Flagship reference.

"Nawaz Sharif's current status is that he is not out on bail," Haris told the court and added, "This is the legal position that he is out on the basis of seeking medical treatment abroad and not on bail."

To this, Justice Farooq remarked that Nawaz was granted a conditional bail for a specific time.

Khawaja Haris replied that Nawaz Sharif's medical reports stating that he was ill had been furnished with the Punjab government.

"Even then, Nawaz Sharif's request for bail extension was rejected," he said.

In response to the bench's question, Haris replied that Nawaz Sharif's appeal for bail extension was rejected by the Punjab government on February 27.

The court then wondered whether the PML-N leader's sentence in Al-Azizia reference had ended after the Lahore High Court's order to the government to remove Nawaz Sharif’s name from the ECL.

The bench said the IHC had suspended Nawaz Sharif's sentence in Al-Azizia reference for a short period and asked if IHC's order could be superseded after the LHC's verdict.

Khawaja Haris replied that it was not like Nawaz Sharif did not want to surrender to the court.

The bench said the ECL matter was being heard by the LHC whereas the IHC was concerned with the suspension of sentence and bail.

"The effects of this order will also impact the LHC's decision," said Justice Farooq.

He further said the court was not declaring Nawaz an absconder currently but wondered how appeals could be heard without his presence in the court.

He said the court will also seek the NAB's help in this regard and wondered what would happen if Nawaz Sharif's appeal was dismissed in his absence.

"What will be the status of his appeal if the court declares him an absconder?" he wondered.

Additional Prosecutor General NAB Jahanzeb Bharwana opposed Nawaz Sharif's appeals for immunity from appearing before the court.

He said Nawaz Sharif’s reluctance to appear before the court amounted to fleeing from the court proceedings.

Justice Aamir Farooq remarked, “We will provide a date on which Nawaz will have to surrender. Right now, we are not declaring him an absconder. We are providing him an opportunity to surrender."

To this, Khawaja Haris said, "Then you have decided that he should return at any cost".

Justice Aamir Farooque remarked, "Do you think Nawaz will be arrested at the airport when he returns? If that is so, do tell us."

Khawaja Haris replied that he would move the court if that happened.

The court directed the federal government to present a report on Nawaz Sharif's health and adjourned proceedings until September 10.

The court adjourned hearing in the Avenfield reference against Maryam Nawaz and Muhammad Safdar until September 23.