ISLAMABAD: Islamabad High Court (IHC) on Wednesday declared former prime minister Nawaz Sharif a proclaimed offender (PO) in two corruption cases. A two-member bench of the IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani issued the directions while hearing the appeals filed by ex-PM Nawaz Sharif against his sentences in the Al Azizia and the Avenfield cases. The IHC bench also summoned the guarantors of the former prime minister to appear before the court in person on the next hearing to be held on December 9th.
In the order, the court noted that a number of opportunities were given to Nawaz but he failed to appear before the court. The bench directed to initiate further proceedings under Section 514 of the Criminal Procedure Code (PC).
The court also directed the prosecutor of the National Accountability Bureau (NAB) to present the case law regarding the criminal procedure in this matter. Deputy Attorney General Tayyab Shah represented the federation, while Special Prosecutor General Jahanzeb Bharwana and Additional Prosecutor General Sardar Muzaffar Abbasi appeared before the court on behalf of the NAB.
During the course of hearing, Foreign Office's Director Europe Mubashir Khan recorded his statement saying that he had received the court's advertisements regarding Nawaz Sharif, and sent it to the Pakistani High Commission in London.
Director Federal Investigation Agency (FIA) Ejaz Ahmed Khan said, in his statement, that he delivered the advertisements at Nawaz Sharif's residences in Jati Umrah and Model Town in Lahore.
Ejaz informed the bench that he had visited the Model Town residence first, where he met the security team. He added that he told them of the advertisements and also shouted Nawaz's name loudly. The FIA official continued that the same was done at the Jati Umrah residence of Nawaz Sharif.
He added that the FIA team had also submitted pictures of the visits.
After listening to their statements, Justice Aamer said the court would issue orders on the basis of evidence.
Then, he asked from the NAB's Additional Prosecutor General, Jahanzaib Bharwana: "What should we do now?"
The judge said that two appeals were filed by Nawaz Sharif and two NAB appeals were against Nawaz Sharif.
He added that a notice was issued against the NAB's appeal to enhance the sentence but no notice was issued in the flagship reference.
At this, the NAB prosecutor requested the court to dismiss the appeals filed by the former prime minister on "merit".
He further said Nawaz could be sentenced for not surrendering to the court.
Justice Farooq asked the NAB prosecutor to present judicial precedents on the next hearing to explain what should be done about the appeal of former prime minister Nawaz Sharif.
He said Maryam Nawaz and Captain Safdar's (retired) appeals were also fixed for hearing in the coming days.
He asked whether Nawaz Sharif's appeals be fixed for hearing along with those appeals. However, Bharwana adopted that "merit" was completely different on the appeals filed by Safdar and Maryam.
Then, Justice Kayani said the court would also look at the conduct of former judge Arshad Malik.
On this, Bharwana said that Nawaz had submitted a petition to present five witnesses.
He added that the second petition was filed by Nasir Butt.
After hearing details of the appeal, the court observed that judge Arshad Malik had also submitted an affidavit in the court, which was part of the record.
Justice Aamer asked the counsel to tell the court on the next hearing whether the joint petition or the appeals would be seen first.
Justice Kayani said the court would have to look at the law even if the accused had fled.
Later, the bench decided to declare Nawaz a proclaimed offender, and stated that it would issue its written orders shortly in this matter.
Copyright Business Recorder, 2020