The caretaker federal cabinet scheduled to meet on Wednesday (today) with caretaker Prime Minister Justice, Nasir ul-Mulk (retired) in the chair will allow further hearing of two references against former Prime Minister Nawaz Sharif and others in the National Accountability Court -1, Islamabad instead of Adyala Jail Rawalpindi, well-informed sources told Business Recorder.
The Ministry of Law and Justice sent a summary to the federal cabinet on July 13, 2018, seeking permission to specify Adyala Jail to be the place where the Accountability Court-1 Islamabad may sit for hearing pending references against Nawaz Sharif and others.
The Ministry of Law and Justice also issued an Order in this regard, but there is no record of federal cabinet's meeting held on July 13, 2018 approving this proposal.
Analysts argue that Ministry of Law or NAB could not use the name of federal cabinet as Supreme Court had declared the cabinet as the federal government.
On former Prime Minister Nawaz Sharif's return to the country with his daughter and their incarceration in Adyala jail it was argued that as their presence may be regularly required in Accountability Court-1 Islamabad their transport from Central Jail Adyala, Rawalpindi to the Accountability Court-1 was a matter of serious security risk in the two pending cases.
Therefore, a summary for the Cabinet was submitted for approval of an Order under sub-section (b) of section 16 of the National Accountability Ordinance, 1999, specifying the Central Jail Adyala, Rawalpindi to be the place where Accountability Court-1 Islamabad shall sit for trial of References No.18/2017 and 19/2017 against Mian Nawaz Sharif and others to cover the security risks.
Article 10A of the Constitution provides protection to the accused facing criminal trial so that he may not be condemned unheard unfairly in the process of adjudication.
The Ministry of Law and Justice proposed that in the public interest and constitutional mandate, it would be proper to consider the question whether the future hearings of the two references are to be held in the place of Accountability Court-1, Islamabad.
According to sources, the Ministry of Law and Justice intends to withdraw its summary of July 13, 2018, in which a proposal was floated to specify Central Adyala Jail, Rawalpindi as the place where the Accountability Court-1 Islamabad shall sit for trial of references against former Prime Minister Nawaz Sharif and others.