The government of Sindh on Tuesday presented the document of pardon awarded to Pakistan Muslim League-N chief Nawaz Sharif, remitting his sentence in plane hijacking case in the Supreme Court. It is for the first time that the document of pardon, awarded to Nawaz Sharif under Article 45 of the Constitution, is made public, which is part of the court's record.
Advocate General of Sindh Yousuf Leghari submitted an application for placing additional documents on record of the court. The documents submitted by the Advocate General of Sindh include an application to the President signed by Nawaz Sharif, Shahbaz Sharif, Abbas Sharif and Hassain Nawaz, requesting therein to waive Nawaz Sharif's sentence of imprisonment, enabling him to proceed abroad for medical treatment.
In addition, Nawaz Sharif may not be prosecuted in respect of any alleged past conduct, the application added. An undertaking has also been submitted before the court. It revealed that Sharifs had left the country for 10 years at their own choice and had agreed "not to engage in any business or political activities or any other activities of any nature whatsoever against the interests of Pakistan."
A five-member bench of the apex court, comprising Justice Tassdaq Hussain Jillani, Justice Nasirul Mulk, Justice Moosa K. Leghari, Justice Sheikh Hakim Ali and Justice Ghulam Rabbani, is hearing Nawaz Sharif's appeal against his conviction in plane hijacking case. The Advocate General of Sindh submitted an application under order XXXIII Rule 4 and 6 of the Supreme Court for placing additional documents on record of the court.
The pardon order dated December 9, 2000 of Nawaz Sharif says, "in terms of Article 45 of the Constitution of Islamic Republic of Pakistan, the President is advised to:- (a) remit the sentence of imprisonment for life awarded to Mian Muhammad Nawaz Sharif by the High Court of Sindh in its judgement dated October 30, 2000 in special A.T. (anti-terrorism) Appeal No 43 of 2000 under Section 402B of the Pakistan Penal Code read with Section 7(ii) of the Anti-Terrorism Act, 1997 and, (b) remit the sentence of R.I. for 14 years awarded to Mian Muhammad Nawaz Sharif by the Accountability Court, Attock Fort, in its judgement dated July 22, 2000 in reference No 2 of 2000 under Section 9(a)(v) of the National Accountability Bureau Ordinance 1999. (Pervez Musharraf) Chief Executive of Pakistan and Chairman, Joint Chiefs of Staff and Chief of Army, 9 December 2000. The President: Approved, sentences remitted."
Representing Nawaz Sharif, Advocate Khwaja Haris said that the plane, carrying former Army Chief Pervez Musharraf was ordered diversion to avoid division in the army and to save the democratic setup. In order to supplement his argument, he said that Nawaz Sharif as Prime Minister had appointed new Chief of Army Staff (COAS). It is the constitutional right of the prime minister to change the Army Chief. But after the appointment, military movement was observed, therefore, he ordered diversion.
Referring to statements of former Protocol Officer Zahid Mehmood and Military Secretary (Brig) Javed Iqbal to Nawaz Sharif, he said that the plane was ordered to land at Nawabshah Airport instead of Karachi. He said that Pervez Musharraf was in contact with the control tower and before the aircraft landing, he wanted to ensure that everything was under the army control. Army officers were present at the airport prior to the landing of the plane, he added.
He argued that 'Black Box' of PK-805 had recordings of Pervez Musharraf's contact with the army. The transcription of recording was tampered, therefore, the FIR of the incident was registered after one month. "If the record, according to you is fake, would you go for its re-examination," asked the court from the counsel?
Replying to the query, Khwaja said that it was the duty of the government to produce and examine the record. Sindh Advocate General Yousuf Leghari, talking to reporters, said that the conviction of Nawaz Sharif was not washed away by Presidential pardon.
He said that Nawaz Sharif could not take part in elections till the final disposal of the plane hijacking case. The PML-N chief was sentenced twice to life imprisonment by the Anti-Terrorism Court (ATC) in Karachi in April 2000 after it found him guilty of refusing to allow a commercial aircraft, carrying then army chief General Pervez Musharraf to land at Karachi airport on October 12, 1999, endangering the lives of the army chief and nearly 200 other passengers.