Nawaz requests IHC to exempt him from appearing in person

ISLAMABAD: Former prime minister Nawaz Sharif has requested the Islamabad High Court (IHC) to exempt him from appearing in person in the appeals against the accountability court or his pleader be heard in the case.

A division bench of the IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani will hear the applications besides hearing the main appeals in Al-Azizia, Flagship Investment and Avenfield references today (Tuesday).

The ex-PM prayed; "The IHC may very graciously dispense with his personal attendance in the appeals and may graciously either adjourn the appeals or his pleader be heard in support of his appeals as mandated by Section 423 CrPC." Maryam Nawaz and Captain (retd) Safdar also filed applications for adjournment.

Nawaz Sharif contended that initial medical examination and diagnosis preparatory to the applicant's treatment were conducted and treatment options for the multiple ailment from which the applicant was suffering being finalised and further progress in this regard came to a halt on account of the Covid-19 pandemic.

He added that due to this, not only the applicant's progress toward treatment was stalled, he, on account of his old age, and critical medical condition, was further forced to predominantly confine himself indoors.

The former prime minister mentioned, "However, in terms of Lahore High Court's order dated 16-11-2019, periodical medical reports of the applicant showing that he had still not regained his health were continuously filed with the Registrar of the Lahore High Court."

He adopted that after rejection of his request of suspension of his sentence on account of medical condition by the Punjab Government, his counsel advised him that since the bail granted to him by this court stood revoked the moment the Punjab Government rejected his application, any petition filed by or on his behalf against the order of the provincial government would be futile unless he was personally present in court.

The petition filed through advocate Khawaja Haris pointed out that whether the applicant had regained health and is fit to travel to Pakistan constitutes one of the core issues that is sub-judice before and will inevitably be adjudicated upon by the LHC.

"This fact was also in the knowledge of the Government of Punjab but instead of awaiting the decision of the LHC, the Government of Punjab proceeded to unilaterally reject the Applicant's request in pursuance of its ulterior motives and pre-planned agenda to malign the Applicant," maintained the application.

It further said, "The applicant unequivocally assures this Court that he is held up in London and is unable to return to Pakistan because of his critical medical condition and because the doctors treating him have advised him to remain in London for his treatment and not on account of disrespect for or in defiance of law."

Therefore, Nawaz Sharif prayed to the court that it may dispense with the personal attendance of the applicant. He also request that the court may either adjourn the appeals or his pleader be heard in support of his appeal envisaged by section 423 CrPC.

The applicant has the utmost respect for the rule of law and cannot even entertain the idea of defying the law or not surrendering to the due process of law, said the petition. Similarly, Maryam and her husband also approached the IHC seeking adjournments in their appeals in this matter.

Their counsel, Amjad Pervez stated in the application that he is on general adjournment till September 5 due to which is unable to appear before the court. Therefore, he requested the court that the appeals may be fixed for some other date in the interest of justice.

Copyright Business Recorder, 2020