An Accountability Court on Tuesday summoned Maryam Nawaz, daughter of incarcerated former Prime Minister Nawaz Sharif, on July 19 for submitting fake trust deeds in the Avenfield reference. The National Accountability Bureau (NAB) filed an application before AC Judge Muhammad Bashir and prayed that this court may exercise its power and initiate on its own accord an action against the respondent Maryam as contemplated under the Section 30 of the National Accountability Ordinance (NAO), 1999. The court issued a notice to Maryam to appear before it on July 19.
The Bureau requested the court to exercise powers against Maryam for tendering false evidence under the NAO 1999 read with all other enabling provisions of the relevant laws applicable in the instant case. The persons arrayed as accused in the Avenfield reference include Muhammad Nawaz Sharif, Maryam Nawaz, Capitan Muhammad Safdar (retd), Hussain Nawaz Sharif and Hassan Nawaz.
While announcing its judgement in the Avenfield reference, the court on July 6, 2018 awarded Nawaz Sharif 10-year sentence in prison and a fine of GBP 8 million while Maryam was sentenced for seven years in prison with a GBP 2 million fine in the same reference. According to the application, Maryam was one of the accused in the Avenfield reference and it was specially concluded by this court vide judgement dated July 6, 2017 regarding the respondent that she produced bogus trust deed. The relevant portion is reproduced hereunder.
The judgement says that the trust deeds produced by Maryam Nawaz were found bogus. Maryam Nawaz was instrumental in concealment of properties of his father Nawaz Sharif. Maryam aided, assisted, abetted, attempted and acted in conspiracy with her father Nawaz Sharif who was holder of the public office.
Therefore, the prosecution has succeeded to establish her guilt within the meaning of Section 9(a)(v)(xii) NAO, 199 read with serial No 2 of the schedule and punishable under Section 10 and schedule attached therewith. In view of the role of the accused Maryam Nawaz, she is convicted and sentenced to rigorous imprisonment for seven years with fine of two million pounds under the section u/s 9(a)(v)(xii) NAO 19991 read with section 10 of NAO 1999 and simple imprisonment for one year under serial No 2 of the schedule. Both the sentences shall run concurrently.
It says that the above conclusion by this court was reached after evaluating the entire evidence hence its is apparent that the respondent has maliciously fabricated and tendered false evidence/information with the intention to mislead the due process of law and trial and hamper the administration of justice on which the action ought to have been initiated on its own accord by the court as contemplated under section 30 read with serial No 3 of schedule offence NAO, 199.
It is pertinent to mention here that the Accountability Court on November 8, 2017 partially allowed Maryam Nawaz's application seeking altering of charge-sheet to the extent of an alleged false and fabricated trust deed of 2006 scripted in Calibri Font regarding the Avenfield corruption reference.
The court in its order said that the contents of the chargesheet to the extent of submitting a false trust deed will remain intact; however, the offence related to it, mentioned at serial number 3(a) in the schedule of National Accountability Ordinance (NAO), that is punishable for a period of five years imprisonment at maximum, shall be deleted.
The court deleted the charge after Maryam's counsel Amjad Pervez argued that the Section 30 of the NAO, 1999 restrains the court from taking cognizance of the offences relating to false evidence, etc, before taking a decision on the case.

Copyright Business Recorder, 2019

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