n Saturday, October 21, Nawaz Sharif, a three-time former prime minister, returned to the country following more than three years of self-exile. His return has caused quite a stir and led to much speculation including about the legal issues involved of which two stand out. First, will Sharif, a convict declared absconder, be imprisoned? Second, will he be able to run for election in January 2024?

In 2018, Sharif was found guilty in a corruption case and sentenced to imprisonment. In 2019, he was granted bail on medical grounds and permitted to leave the country. As he stayed on in London, he was declared an absconder and a warrant of arrest was issued for him on account of his failure to appear in the court for a scheduled hearing.

On July 16, 2018, Nawaz Sharif had lodged an appeal before the Islamabad High Court, seeking a temporary cessation of his sentence and bail in connection with the Avenfield reference case. In September 2018, Maryam Nawaz and Captain Safdar (retired) were released on bail. However, in December 2018 a verdict was issued in the Al-Azizia case resulting in another conviction for Sharif and a seven-year prison sentence.

In March 2019, the Supreme Court issued a six-week extension and the Islamabad High Court granted an eight-week postponement for medical reasons (on October 29). On November 19, Sharif departed for London to receive medical treatment.

The Islamabad High Court, on December 2020, rendered a decision acknowledging the admissibility of Sharif’s absence in both references. Additionally, the court declared a sort of adjournment. Hearings could be restored upon his appearance. This came as a result of the reference pertaining to the Tosha Khana that was filed in March 2020 during Sharif’s absence from the country. Meanwhile, a perpetual arrest warrant was issued on account of his persistent absence.

In 2019, a division bench of the Lahore High Court, consisting of Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem, granted him permission to embark on international travel. Initially, the authorisation was for a duration of four weeks, with the possibility of extension contingent upon medical evaluation.

Later, the Lahore High Court granted bail to Nawaz Sharif in the Chaudhry Sugar Mills case and the Islamabad High Court postponed his prison sentence for a duration of eight weeks in the Al Azizia case. Both these judgements were based on medical considerations.

Thus, upon his return, the appeals filed against his convictions wre to be heard by the Islamabad High Court, which has granted him temporary protective bail. Following the suspension of the arrest warrant, Nawaz Sharif made an appearance in the case on October 24. Meanwhile, an accountability court has cautioned him on the potential repercussions of a failure to attend. On October 26, his appeals were successfully restored and his protective bail extended with no objections from the National Accountability Bureau.

The outcome of his appeals against convictions remains to be seen. It will have major consequences for his political future.

With regard to eligibility for public office Sharif might have benefited from the Elections (Amendment) Act, 2023. The primary objective of the law was to shorten the duration of disqualification for elected offices and to empower the Election Commission of Pakistan to set election dates without consulting the president. The bill included a change in Section 232 (disqualification on account of offences) of the Election Act, 2017, pertaining to the duration of disqualification for lawmakers. The Senate had approved the bill on June 16 and the National Assembly on July 26.

It was widely speculated that the law will put an end to lifelong disqualification and allow Sharif to once again engage in electoral politics. However, the former prime minister must first receive favourable orders on his appeals against the convictions.

The writer is an advocate of the high courts, founding partner at Lex Mercatoria and visiting faculty member at Bahria University’s Law Department