Nawaz, daughter granted four-day exemption

The Accountability Court hearing corruption cases against Sharif family on Tuesday granted a four-day exemption to former Prime Minister Nawaz Sharif and his daughter Maryam Nawaz from making personal appearance before the court. The former premier and his daughter are currently in London where Sharif's wife and Maryam's mother Kulsoom Nawaz is undergoing cancer treatment. Sharif and his daughter filed applications through their counsel before Accountability Court Judge Muhammad Bashir, seeking a seven-day exemption. However, the court granted a four-day exemption to both Sharif and Maryam.
Meanwhile, Khawaja Haris, the chief counsel in three corruption references filed against Sharifs, rejoined his legal team who on June 11 recused himself from the case following Supreme Court's directives to the Accountability Court to complete the trial of three references within 30 days and conduct hearings on a daily basis.
At the start of the hearing, Judge Muhammad Bashir asked Haris if he was in court to withdraw his request ending his power of attorney for Nawaz. Haris replied, "First, I have to file another petition. I have the right to know either the court will hear three cases simultaneously or separately."
The judge replied that Haris' application to withdraw the power of attorney was not accepted. Haris in his application requested to dismiss his application submitted earlier to withdraw his power of attorney and also expressed some reservations.
Haris read out his application in the court. He said the apex court had directed the Accountability Court to fix its working time by itself and complete trial of references within 30 days. "There is no law that authorizes the Supreme Court and Accountability Court to fix working time by itself," he said, adding that working hours and holidays of court have been fixed through rules of law.
The defense counsel while reading out his application said that during holidays and after court's working time, no case could be heard. Lawyers prepare their cases after court time and during holidays, he said, adding that appearing before the court without proper preparation would be injustice to the client.
He said this is one of the complicated cases and thousands of documents are required to be perused on a daily basis; therefore, he would not efficiently pursue the case if hearings are also scheduled on Saturdays.
The judge assured the counsel that the apex court had left it to him to conduct and regulate the proceedings.
Haris said the court should inform whether it will announce the judgment of three cases simultaneously or separately.
"The apex court has issued directives to complete trial of these cases within four weeks and we have only 19 days," he further said.
Deputy Prosecutor General National Accountability Bureau (NAB), Sardar Muzaffar Abbasi while arguing before the court said that the application filed by the defense shows that it is challenging the Supreme Court's direction in this court. "The apex court has issued directions only for the Accountability Court while Haris recused himself from the case before receiving a copy of the apex court's order," he said.
He said the proceedings of these references have been continued for the last 10 months and the court has already sought extensions thrice. The prosecutor also pointed out that under Section 16 of the National Accountability Ordinance 1999, a reference should be disposed of within 30 days. He also said that the Islamabad High Court (IHC) did not issue any restraining order to this court.
Later, Haris resumed his final arguments in the Avenfield reference. He said the apex court had directed NAB to file references against the Sharifs on the basis on the material collected by Joint Investigation Team (JIT) as well as material available with Federal Investigation Agency (FIA) and not on the basis of inferences, opinions and findings drawn by the JIT.
He further said the apex court did not direct the NAB to make JIT report part of references. The apex court had ordered NAB to file a reference after the JIT submitted its investigation before it, he said.
Haris said that the allegations of corruption have been leveled against all accused but the NAB did not produce any evidence before this court to prove that whether or not the accused committed corruption.
He said that it is stated in the charge sheet that the accused Sharif was a public office holder and the London flats are not commensurate with his income. "The charge sheet also stated that Nawaz Sharif, Maryam and other accused have failed to justify sources for acquiring the London flats," he said, adding that the Sharif family and word 'dependence' are very important.
He said as per supplementary reference, Nawaz Sharif had purchased the London flats when he was a public office holder in the name of benamidar and dependents. "Dependents and benamidar are both different things," he said. The court adjourned hearing till Wednesday (today).