References against Nawaz: SC to take up NAB's appeal against IHC order on September 11

The Supreme Court will take up National Accountability Bureau's appeal against Islamabad High Court order for transferring Al-Azizia Steel Mills and Flagship Investment references to Accountability Court-II on Tuesday (September 11). A three-member bench headed by Chief Justice Mian Saqib Nisar will hear the Islamabad High Court (IHC) judgment on the transfer of references against former Prime Minister Nawaz Sharif and his family members.
The National Accountability Bureau (NAB) on September 1 filed the appeal praying to the apex court to set aside the IHC order and allow Accountability Court-1 Judge Muhammad Bashir to hear the references. The NAB filed the appeal under the Article 185(3) of the Constitution and made Nawaz Sharif and Accountability Court No No 1 Judge Muhammad Bashir as respondents. A two-member bench of the IHC, comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, on August 7 ordered for the transfer of the cases from Accountability Court-1 Judge Mohammad Bashir to Accountability Court-II Judge Arshad Malik for hearing of two references on Al-Azizia Steel Mills and Flagship Investment. Judge Muhammad Bashir delivered judgment in Avenfield Apartments reference on July 06 last. The Accountability Court-1 had sentenced Nawaz Sharif to 11 years imprisonment and £8 million fine (Rs 1.3 billion) in the corruption reference, while his daughter Maryam Safdar was sentenced to eight years with a £2 million fine (Rs 335 million) and son-in-law Captain Muhammad Safdar (retd) was given a one-year sentence without any fine.
The appeal said that after the NAB court judgment, the accused filed a petition in the IHC for the transfer of references to any other Accountability Court in Islamabad. "None of the reasons spelled out in the impugned short order are germane to the case law on the subject of the transfer of cases. In fact they are not akin to the grounds and causes for such action."
The NAB submitted that the reference on Avenfield Apartment was filed before the Accountability Court No No 1 in compliance with the apex court's direction based on the recommendations of the joint investigation team. The commonality of grounds has never been visualized by the superior court for the transfer of cases. Similarly, the perceived notion, condition of mind attributed to the accountability judge were also not visualized by the law relating to transfer of cases from one court to another.
The appeal said the IHC fell into grave error by resorting to hear the case on merits and consequently transferring the same on the basis of deeper appreciation of merit. "No actual and specific bias or prejudice was highlighted during the course of arguments, on the face of the record."
The IHC disregarded the clear-cut direction of the apex court, from time to time for the just disposal of the references which were transferred through the impugned order.
The plea contended whether the judges of the IHC correctly construed the contents of the letter written by Accountability Court-1 Judge Muhammad Bashir and whether the Accountability Court judge really sought recusal or was the same subject to the decision of the IHC.