Verdict on references against Nawaz today

24 Dec, 2018

Whatever the verdict of the accountability court on Flagship and Azizia Mills references against former Prime Minister Nawaz Sharif on Monday (today), it would add to the tense political environment as it would widen divisions within the already fractured assembly.
An anecdotal survey carried out by Business Recorder revealed that in the event of a guilty verdict the PML-N would react strongly while in the event of an acquittal the PTI government would react strongly. Senior PTI leadership insisted that the possibility of an acquittal does not exist given the proof provided to the court and therefore the party is not considering any action in the event that the former Prime Minister is acquitted however they acknowledged that in that unlikely event the Prime Minister may give directions to take some further action or further probe the matter.
The accountability court judge Mohammad Arshad Malik had reserved the verdict on December 19 and will announce it on the 24th under tight security to avert any untoward situation.
The PML-N has already chalked out a strategy to start a mass contact movement and give a "tough time" to the government if the court sentences the former premier in corruption references, besides constituting a 'steering committee' to run the affairs of the party in the absence of both Nawaz Sharif and Shahbaz Sharif.
Talking to Business Recorder, senior PML-N leader Senator Mushahidullah Khan who is also a member of the 'steering committee' said the party is ready to face whatsoever verdict is announced.
"This would not be for the first time that Nawaz Sharif will be going to jail; he has been facing such hardships during Musharraf era and we are ready to deal with any situation," he said adding that the former premier can guide the party and the steering committee from jail in the wake of any verdict against him.
To a question about the possibility of launching a joint movement with Pakistan People's Party (PPP) and other opposition parties, he said that there was no such proposal on the table yet; however he did not rule out the possibility of a joint movement with opposition parties including PPP on other issues.
"The opposition parties are yet to get together on some common issues and we believe that there is no other option for the opposition parties but to unite given the deteriorating economic situation in the country, as the PTI government is clearly unable to deal with the challenges", he asserted.
The PPP leadership facing serious cases of fake accounts against Co-chairman Asif Ali Zardari and his sister Faryal Talpur, has already given an indication that a joint anti-government movement was possible if both Nawaz Shairf and Zardari are sent behind bars.
"Every party prepares its own strategy to deal with such a situation, and if politics takes us towards this direction then anything is possible in politics", said senior PPP leader Syed Khursheed when asked about the chance of launching a joint movement if both the PML-N and PPP party leaders were jailed.
Chief Justice of Pakistan Mian Saqib Nisar on December 7, 2018 while hearing NAB Court Judge request for an extension to complete the trial had directed Accountability Court to announce judgment on Flagship and Azizia Mills references on December 24.
The IHC's division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb on 19-09-2018 while suspending the Sharifs' sentence observed; "In the light of glaring defects and infirmities in the judgment (AC) we have formed a prima facie, tentative opinion that the convictions and sentences handed down to the petitioners may not be ultimately sustainable."
Former Attorney General for Pakistan and Prosecutor General NAB Irfan Qadir told Business Recorder that in light of Islamabad High Court's verdict suspending the Accountability Court's verdict on Avenfield Apartments, Nawaz Sharif should be acquitted. However, he said the former premier would not be released as the case has 'political' implications.
Irfan Qadir added that though Justice Saqib Nisar had expressed strong reservations on IHC judgment yet NAB's appeal has not been decided yet. "The Supreme Court judgment in Panama case and the Accountability Court decision on Avenfield Apartments have been much criticized internationally," he added.
Zulfiqar Bhutta, former Deputy Prosecutor General NAB, said it is wrong to deduce that the IHC findings on Avenfield Apartments will have any bearing on the Azizia Mills and Flagship references. Accountability Court heard Avenfield and Azizia Mills and Flagship references separately during which different documents and evidence were produced.
The incumbent vice-Chairman of Pakistan Bar Council Kamran Murtaza and President Supreme Court Bar Association Amanullah Kanrani declined to comment on the fate of references, saying the matter is pending before the Accountability Court therefore it is not right to give any opinion as it will prejudice the court.
Raja Amir Abbas, ex-Deputy Prosecutor General NAB, said the Bureau has established its case, while Nawaz Sharif has failed to prove his innocence. The ex-PM did not provide any convincing documents or produced any witness. He said in criminal cases the burden of proof lies on the accused and acknowledged that it is international practice that with the permission of presiding judge additional documents may be submitted after the final arguments.
The Supreme Court in its July 28, 2017 verdict on Panama Papers case had disqualified former Prime Minister Nawaz Sharif and directed the NAB to file three references against him, his daughter Maryam, son-in-law retired Captain Muhammad Safdar and sons - Hussain and Hassan.
The AC on July 6 had sentenced Nawaz to 10 years of imprisonment for possessing assets beyond known income, along with a fine of £8 million. Maryam was given seven years of jail time and slapped with a fine of £2 million, as the court found her guilty of being "instrumental in concealment of the properties of her father". Captain (retd) Safdar was awarded one year in jail for failure to cooperate with the National Accountability Bureau (NAB), and for aiding and abetting Nawaz and Maryam.
The other prominent heads of the government and state world over who also had to face imprisoned in corruption cases include former Malaysian prime minister Najib Razak, ex-Thai premier Yingluck Shinawatra, ex-Bangladeshi premier Khaleda Zia, former Indian Prime Minister P V Narasimha Rao, former Brazilian president Dilma Vana Rousseff, former Indonesian president Suharto, former French president Nicolas Sarkozy, former chief executive of Hong Kong Donald Tsang Yam-kuen and others.
Those who resigned in wake of Panama Papers scam included Iceland's Prime Minister Sigmundur David Gunnlaugsson, while former British premier David Cameron who was also named in the Panama Papers, but he had to quit after UK voted to leave European Union.

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