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Islamabad High Court (IHC) on Thursday deferred the hearing in former Prime Minister Nawaz Sharif's appeal against his conviction in Al-Azizia Steel Mills reference verdict.
A dual bench of IHC comprising Justice Aamer Farooq and Justice Moshin Akhtar Kayani heard the former prime minister's petition against his conviction and the sentence awarded to him by the Accountability Court, Islamabad, on December 24, 2018 in the said reference.
During the hearing, Nawaz Sharif's counsel Khawaja Haris appeared before the court and sought adjournment for completion of paper books of the trial. Therefore, the bench deferred the hearing in this matter till September for further proceedings in this regard.
The accountability court Islamabad convicted him in Al-Azizia/Hill Metals Establishment corruption references filed by National Accountability Bureau (NAB).
Sharif had moved the appeal through his counsel Khawaja Haris Ahmad and cited state through the NAB chairman, judge accountability court-II Islamabad and superintendent central jail Kot Lakhpat Lahore, as respondents.
The petitioner stated in the application that he was convicted under the Section 10 of NAO, 1999 reads with schedule thereto and sentenced to rigorous imprisonment for a term of seven years along with a fine of Rs 1.5 billion and US 25 million dollars.
Sharif contended that from a bare perusal of the said judgement, it is evident that the findings recorded therein and forming basis for the conviction of the petitioner under the Section 9(a)(v) of NAO, 1999 read with the section 10 ibid, are based on no evidence.
He argued that he was convicted and sentenced on the basis of inadmissible evidence, unproven documents and statements of proxy witnesses which are not permissible in the eye of law.
The petitioner maintained that it is apparent on the face of the record that prima facie, the conviction and sentence recorded against the petitioner is illegal and unwarranted by law and consequently his incarceration in jail pursuant to his impugned conviction is tantamount to his being held in custody without lawful authority.
While referring the legal lacunas in the judgement of the AC, Sharif requested the court in his appeal to acquit him of all the charges framed against him in the NAB reference no 19 of 2017.
In his petition, Sharif maintained that the decision was based on assumptions and false interpretation of law while the evidences were misperceived and the accountability court announced the verdict without hearing objections by the accused.
Therefore, he maintained that the said judgement, conviction and sentence are even otherwise illegal, without jurisdiction, unwarranted by law, based on inadmissible evidence and unproven documents and on misconception and misinterpretation of law and liable to be set aside as such.

Copyright Business Recorder, 2019

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