ISLAMABAD: Islamabad High Court (IHC) Thursday granted time to former prime minister Nawaz Sharif's counsel to prepare arguments on legal points in his petition requesting the court to "forgo the requirement of the applicant's surrender" by September 10 in Al-Azizia reference.
A two-member bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani heard the petition filed by the former prime minister through his counsel Khawaja Haris Advocate. The IHC bench directed the counsel to present arguments on whether Nawaz Sharif would get relief without surrendering, and deferred the hearing till September 15 for further proceedings.
The court said that Sharif did not surrender and that he was not being given an exemption, and only his counsel Khawaja Harris was being granted some time to prepare arguments on legal points.
The bench noted in its order, "Though, the legal position is clear that once a person is declared a proclaimed offender he has no right except to surrender before the Court of competent jurisdiction and till then no application or legal proceedings can be initiated by him."
It added, "In the interest of justice, we feel that an opportunity be allowed to the learned counsel for the appellant/applicant to make his submissions especially on his right of audience before the Court. We also defer further proceedings to procure attendance of the appellant in the instant case till the next date of hearing."
During the hearing, the National Accountability Bureau (NAB) prosecutor told the court that Sharif had been declared a proclaimed offender in the Toshakhana case by an Accountability Court (AC).
He said any decision by the court in the present appeal would impact other cases in which the former prime minister was nominated and that were being heard by accountability courts.
NAB Prosecutor Jehanzeb Bharwana said Nawaz Sharif did not comply with the court's previous order of surrender, and he should not get any relief after being declared a proclaimed offender in the Toshakhana (gift depository) reference.
He added there were prior court verdicts, which said that appeals by a proclaimed offender could not be heard.
At this, Nawaz's lawyer said that they had applied for the appointment of a representative at the last hearing.
Then Justice Kayani asked from Sharif's counsel that whether the former prime minister was admitted in a hospital. The counsel replied that the former premier was not being treated at any hospital. He further said that Nawaz Sharif was in the UK, and his doctor was in the United States.
Justice Kayani remarked that the former premier had not been admitted to any hospital in the past seven months. He also pointed out that while Sharif was in London, the doctor, who issued that certificate submitted by Sharif's counsel, was in the United States.
He observed that if the patient was admitted to a hospital, it was understandable that he could not become part of court proceedings but Sharif was not admitted to any hospital.
Additional Attorney General Tariq Khokhar told that Nawaz Sharif's medical reports were incomplete, and the Punjab government had rejected his bail.
The court inquired whether the government tried to find out about Nawaz's health after November. The AAG replied that the government did not, because Nawaz was not admitted in any hospital.
Khawaja Haris said it was clearly written in the undertaking that Nawaz's health would be reviewed through a representative of the high commission. Justice Farooq said the federal government made no effort to bring Sharif back to the country.
The court observed that it first needed to be established, if appeals by a person who had been declared as a proclaimed offender in a case could be heard. Haris urged the court to grant him more time. The review petition was filed a day before the deadline given by the IHC to Nawaz to surrender before the court.
The IHC had granted Nawaz an "opportunity" to surrender and present himself before the court by September 10th. The petition included recent medical reports, and requested the court to go ahead with the hearings in the presence of the former prime minister's counsels.
The medical reports attached with the application also included an advice of American cardiologist Dr Fayyaz Shaal. The US doctor has said that the former prime minister needs an angiography and a surgery, in case, it is needed.
Copyright Business Recorder, 2020