ISLAMABAD: The Islamabad High Court (IHC) extended the protective bail of the Quaid of Pakistan Muslim League-Nawaz (PML-N), Mian Muhammad Nawaz Sharif, until October 26 in the Avenfield and Al-Azizia references.
The IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb on Tuesday conducted the hearing of the petition and it also issued notices to the National Accountability Bureau (NAB) in Sharif’s petitions seeking restoration of his appeals against his sentence in both cases.
The bench extended the protective bail after the NAB said that it had “no objections” to the plea filed by the former prime minister.
Nawaz Sharif along with his brother Shehbaz Sharif and the other PML-N leaders appeared before the court in his petitions seeking restoration of his appeals against his sentence in the Avenfield and Al-Azizia references.
The bench wrote in its written order that it was submitted that since prosecution has sought time to obtain instructions and to make appropriate submission, it is only appropriate that protection be afforded to the petitioner till such date.
It added, “When confronted, learned prosecutor general NAB specifically stated that he has no objection to the extension of protection earlier granted to the petitioner.”
“In view of the referred position, protection afforded to the petitioner vide order dated 19.10.2023 is extended till the next date of hearing and he shall not be arrested in the meanwhile. On the next date of hearing, learned counsel for the petitioner shall also satisfy the Court regarding maintainability of the instant petition,” maintained the bench.
During the hearing, PML-N leader’s counsel Azam Nazir Tarar said that the accountability court had suspended Nawaz’s warrants in the Toshakhana case and approved his bail against surety bonds.
The IHC chief justice said that there were two petitions in front of the high court, both of which were related to the restoration of appeals against Nawaz’s conviction. He added that they have to issue notices on these applications.
Meanwhile, Justice Miangul Hassan said that for the restoration of the appeals, the petitioner had to explain why he remained absent from the court. Tarar said that they just wanted to move as per the law and you are an expert at that.
However, Justice Aamer observed that keeping Article 10-A (right to a fair trial) of the Constitution aside, the petitioner had to provide an explanation for his absences from the court. He added that you will have to prove that your absence was not deliberate and based on ill intention.
Tarar replied that the Lahore High Court had granted Nawaz permission to leave the country over medical reasons. Justice Aamer said that you have made a mistake here and asked that if matters were pending in one high court, could another high court allow that.
Justice Aurangzeb also questioned the law; a court had to follow when petitions had been filed for restoration of appeals.
Justice Aamer remarked that this is not a matter of routine, adding that the court would issue notices to the opposing side. “It is necessary for the court to be satisfied by your reasons,” he said.
Then, PML-N’s Tarar requested the court to extend Nawaz’s protective bail so that they could prepare for further arguments, to which, Justice Aamer asked the prosecutor general of the NAB to give his opinion on the matter.
In his response, the NAB official said the bureau had read the petition for restoration of appeal and did not have any objections to it. He further said that they had no objections to the extension in the protective bail.
At this juncture, Justice Aurangzeb asked that whether it was the same NAB. He added, “I am hearing these cases after five years and am trying to understand if this is the same NAB.” He also asked that whether the NAB is saying that charges of corrupt practices should remain, but the convict should be released. He added that let us ask the NAB chairman why he is wasting public time.
He continued, “If the NAB has no objections, why it does not take back the case? He then asked the bureau’s prosecutor general to take a “definite position” and instructed him to communicate NAB’s clear position on the matter at the next hearing.
Later, the court issued notices to the NAB on Nawaz’s petitions for restoration of the appeals against his conviction and bail while it also extended his protective bail till Thursday.
Copyright Business Recorder, 2023
Comments
Comments are closed.