The Supreme Court on Monday dismissed National Accountability Bureau's (NAB) appeal against the Islamabad High Court (IHC) judgement that suspended verdict and granted bail to former Prime Minister Nawaz Sharif and his daughter Maryam Safdar in the Avenfield Apartments case. A five-member bench, headed by Chief Justice Mian Saqib Nisar, heard NAB's appeal against IHC order that suspended verdict and granted bail to Sharif and Maryam in the Avenfield Apartments case.
Special Prosecution General (SPG) NAB Akram Qureshi argued that the High Court has not adhered to the principle laid down in the apex court's judgement for awarding bails. He said a bail could be granted in cases of hardship and delay in fixing of the main appeal. Justice Gulzar inquired about the parameters of hardship, while the Chief Justice asked the prosecutor to identify the principle for cancellation of bail.
Akram Qureshi, however, failed to respond to bench's query but he tried to convince the bench to cancel the bail. The Chief Justice said the principle could be wrong but how the apex court can cancel it. He said the IHC observation is though elaborative it is tentative and, therefore, would not have any impact on the merit of the case.
Justice Asif Saeed Khan Khosa said once a bail is granted, the higher courts do not interfere in it. "The Respondent No. 1 [Nawaz Sharif] has been attending the case and also there is no allegation of misuse of bail and still he is not a free man," said Justice Khosa. "What harm is caused in your way," he asked and remarked that IHC's judgement is of tentative nature.
Nawaz is currently serving his sentence in the Al-Azizia case at Kot Lakhpat Jail in Lahore. The Chief Justice noted that the IHC observation of deeper appreciation might be made without realising. "We can dilute it," said the CJP.
However, Justice Khosa said: "We have not said anything and we will not say anything on the merit of the case." He said: "The IHC has not discussed the merit of the case and if we (SC) discuss the merits then we will be making a mistake."
Justice Khosa said the other two respondents have good grounds for bails - Respondent No.2 [Maryam] is a woman while Respondent No.3's [Safdar's] sentence is only for one year.
Khawaja Haris, the counsel for Nawaz Sharif contended that element of hardship to grant bail has been discussed in the IHC judgement. The High Court itself said in the judgement that it is a tentative observation.
The Chief Justice said that he has time and again said new laws are required for trial of white-collar crimes, adding that legislation is the job of Parliament.
Justice Gulzar said in China sentence for white-collar crimes is hanging. He proposed that there should be summary trial of such cases.
Justice Khosa said fair trial is the fundamental right of every citizen and this court will make sure that it is available to everyone. He said in the Talat Ishaq judgement, the court had recommended bail in NAB cases. He said when Talat Ishaq would be published then many things would be cleared, adding the bail in NAB law needs to be introduced so that constitutional provision is not restored. When a person does not find remedy in the NAB law regarding bail then in order to fill the vacuum he resorts to the Article 199 of Constitution.
After hearing the arguments, the court dismissed NAB's appeal.
The IHC's division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb on 19-09-2018 had allowed the writ petitions of the Sharif, Maryam Safdar and Capt Muhammad Safdar (retd). It suspended the Accountability Court's judgement in the Avenfield reference and granted bails to Sharif, Maryam and Safdar.
Accountability Court Judge Muhammad Bashir on 6th July, 2018 in the Avenfield Apartments case had awarded sentence to former Prime Minister Nawaz Sharif for 10 years imprisonment and a £8 million fine (Rs 1.3 billion) in the corruption reference, while Maryam Safdar was sentenced to seven years with a £2 million fine (Rs 335 million) and Safdar was given a one-year sentence without any fine.
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