The Accountability Court on Thursday rejected the application of former Prime Minister Nawaz Sharif wherein he had requested Judge Muhammad Bashir to recuse himself from the trial proceedings of the Al-Azizia and Flagship references.
Sharif filed a petition through his counsel Khawaja Haris, praying, "This court having disclosed its mind to, and made observations and returned findings against the applicant in respect of facts, documents and evidence in reference No 20 of 2017 - Avenfield reference - most of which are common to the facts, documents and evidence involved in the titled reference (Al-Azizia and Hill Metals Establishment and Flagship references), may, in the interest of justice and propriety, recuse from continuing to hold trial in the titled reference."
The same court on July 6 sentenced Sharif, his daughter Maryam Nawaz and son-in-law Captain Muhammad Safdar (retd) for 10 years, seven years and one year imprisonment respectively.
At the start of the hearing, Sharif's lawyer Khawaja Haris and National Accountability Bureau (NAB) Deputy Prosecutor General Sardar Muzaffar Abbasi requested for more time to present a copy of the Supreme Court order regarding six weeks extension to the Accountability Court for concluding the corruption references against Sharif and former Finance Minister Ishaq Dar.
NAB Deputy Prosecutor General Abbasi after adjournment said that they have not received copy of apex court's extension order. The judge asked what is mentioned in the apex court order. He replied that a six-week extension has been granted to the anti-graft body to wrap up the corruption references. The judge then said that it is yet to be seen what the Supreme Court order has stated.
Sharif's counsel requested the Judge to issue an order on his plea and recuse himself from holding trial in the titled references. On this, the judge said that under the law he did not have the mandate to transfer the case to other judge following indictment of the accused. The relevant forum for transfer of reference is high court, he said, adding if anyone wants the transfer of the case to other province then relevant forum is the Supreme Court.
The judge said that he will mention the reservations of defense in his order. Haris then requested to adjourn hearing till Tuesday in order to approach the relevant forum, i.e., Islamabad High Court (IHC).
Abbasi argued that the same judge should hear the case as he had indicted the accused and the hearing has been presided over by him since the first day. "It would be better if you (Judge Muhammad Bashir) hear this reference," Abbasi remarked.
Haris said, "The facts and evidence presented by the defense in the Avenfield reference are the same for other references too and you have delivered judgment in one reference. Justice should not only be done but it seems to be done."
The court after hearing the arguments of both the parties adjourned hearing till July 17.
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