ISLAMABAD: The Islamabad High Court (IHC) Tuesday gave former prime minister Nawaz Sharif a chance to "surrender" to the authorities before the next date of hearing, and appear before the court on September 10th.
A division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani hearing the petitions of the ex-PM seeking exemption from his personal appearance in the Al-Azizia, Flagship Investment and Avenfield references, while Maryam Nawaz and Captain Safdar's (retd) applications sought for adjournment of proceedings in their appeals against their convictions in the Avenfield reference.
During the course of hearing, Vice President of Pakistan Muslim League-Nawaz (PML-N) Maryam Nawaz and her husband Captain Mohammad Safdar (retd) also appeared before the court.
The dual bench noted in its order, "We deem it appropriate that an opportunity be granted to the appellant to appear before the Court and surrender to the authorities before the next date of hearing failing which proceedings would be initiated against him in accordance with law including but not limited to the provisions of National Accountability Bureau Ordinance, 1999."
"Admittedly, the appellant is not on bail and is also not present in the Court but has made an application for exemption from appearance due to medical reasons. It is not out of place to observe that the appellant did not inform this Court when he proceeded abroad or his name was removed from Exit Control List (ECL)," observed the court.
It added that moreover, the order passed by the Lahore High Court by removing the name of the appellant from the Exit Control List (ECL) or permitting the appellant to travel abroad has no bearing on the suspension order as the appeal is being heard by this court.
During the hearing, Khawaja Haris, representing Nawaz Sharif, contended that this court had suspended the sentence awarded to the appellant and granted bail for a period of eight (08) weeks with the observation that if the same is to be extended the same shall be done by the Government of Punjab under Section 401(2) CrPC.
He submitted that the Provincial Government, vide its decision dated 27.02.2020, did not extend the suspension of sentence of the appellant and as such the suspension and bail of the appellant lapsed.
Khawaja Haris contended that the health of the appellant does not allow him to travel to Pakistan and appear before the court. He apprised that the appellant went abroad after he had filed a writ petition before the Lahore High Court and the same is still pending.
He also submitted that an undertaking was also tendered by the brother of appellant before the Court; that in terms of the undertaking if the appellant had to stay abroad for more than four (04) weeks, the medical condition would be determined by the representative of High Commission of Pakistan in the United Kingdom.
The bench questioned whether the appellant is hospitalized?
The counsel replied in the negative.
Additional Prosecutor General, National Accountability Bureau (NAB), opposed the request for exemption and submitted that since the appellant is not on bail, hence he should be declared absconder.
In response to a question, both the counsel candidly admitted that since the appeal has been admitted to regular hearing even if the appellant is declared as an absconder the appeal is to be decided on merit.
The IHC inquired from Deputy Attorney General Arshad Mehmood Kiyani whether any effort was made to verify the medical condition of the appellant in terms of the undertaking executed by Mian Muhammad Shehbaz Sharif and filed before the Lahore High Court.
The DAG sought time to obtain instructions in this connection.
The IHC bench stated on 29.10.2019 that it had suspended Accountability Court judgment dated 24.12.2018 in NAB Reference No.19 of 2017 and granted bail to the appellant for a period of eight (08) weeks.
It was observed in the judgment that if indisposition of the appellant continues then he may apply for extension of the suspension before the Government of Punjab under Section 401(2) CrPC.
The court added that the provincial government vide its decision dated 27.02.2020 intimated the appellant that the request for suspension has been turned down; hence suspension and bail of the appellant lapsed on the said date.
Later, the bench deferred hearing in this matter till September 10, whereas appeals of Maryam and Captain Safdar (retd) in the Avenfield reference would be heard on September 23.
Copyright Business Recorder, 2020