ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday adjourned hearing till November 29, in appeals of PML-N’s Leader Muhammad Nawaz Sharif against his convictions in Al-Azizia Steel Mills and Avenfield property references. The court also sought arguments from the lawyers on application of PML-N’s leader seeking exemption from attendance.
A two-judge bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the appeals wherein former prime minister Nawaz Sharif appeared before the bench along with his legal team. During the course of proceeding, Nawaz Sharif’s lawyer Amjad Pervez gave arguments in the Avenfield reference and said that three facts are before filing of the reference while the rest are after.
The lawyer said that the joint investigation team (JIT) was formed by the apex court and it was given the authority to investigate. The JIT report containing ten volumes was submitted to the top court and on July 28, his client was disqualified and NAB was directed to file references against Nawaz Sharif, Maryam Nawaz, Hussain Nawaz, Hasan Nawaz and Captain retired Safdar.
Amjad Pervaiz said that the NAB had admitted during cross-examination that it had no option other than filing a reference. Nawaz Sharif was acquitted in the flagship reference and NAB’s appeal against this verdict is pending before IHC, he said.
He told the court that the former prime minister was announced seven years jail term in Al-Azizia steel mills case while ten years in Avenfield property reference. The NAB had also filed appeals to increase the sentences of his client in Al-Azizia Steel Mills reference, he added. He said that Nawaz Sharif and his daughter were in UK when the references were filed. His client also filed review petition before the Supreme Court before filing of the cases. After the charges were framed, NAB submitted a preliminary investigation report and later a supplementary report was filed. The NAB presented TV interviews and gave reference of Nawaz Sharif’s speech on the assembly floor, he said.
Amjad Pervaiz said that NAB did not present any concrete evidence apart from the statements of the witnesses. The NAB filed references based on the JIT report only, he said.
Justice Mian Gul Hasan Aurangzeb said, did NAB anything using its mind? On which lawyer Amjad Pervaiz said that NAB did nothing except send a call-up notice to Nawaz Sharif. The bureau brought some more evidence on record in the supplementary reference, NAB collected the transcript of Mian Nawaz Sharif’s address to the nation and statements of Maryam, Hasan and Hussain Nawaz Sharif, the lawyer said, adding that it also included the statement of expert Robert Ridley regarding Calbury font.
Miangul Hasan Aurangzeb said that if NAB had conducted an investigation on its own, they would have been in a position to tell something. The Chief Justice asked did NAB itself issue a notice to Nawaz Sharif?” to which lawyer Amjad Pervez said yes, the notice was issued and Nawaz Sharif had submitted a reply. The lawyer said that the burden of proof was on prosecution to prove Nawaz Sharif as owner of the property, to prove Nawaz Sharif as the owner and his children including Maryam Nawaz as ‘benamdar’.
Our position remained that the charge was also wrongly framed.
The lawyer said that NAB has made this effort but has not presented any evidence in favor of this allegation. The Chief Justice said that we have already heard appeals in this reference. The court itself did not know what is the role of Maryam Nawaz in the case.
Justice Miangul Hasan Aurangzeb asked did any witness give such a statement after which NAB decided to file the supplementary reference? On which the lawyer said that the first witness Sidra Mansoor presented the SECP record, I will say that our case was opened and the witness was cross-examined, at that time NAB decided to bring a supplementary reference.
Amjad Parvez Advocate said that the trial court pronounced the verdict in the absence of Nawaz Sharif and Maryam Nawaz.
The arguments continued and the court adjourned the hearing till Wednesday, November 29. On this occasion, the Chief Justice said that 50 people will be allowed in the courtroom from now on, mobile phones were still ringing in the courtroom, now let’s see what has happened.
Azam Nazir Tarar said that there is a security issue on the arrival of the appellant, the Chief Justice said If you wish to be exempted from attendance, please submit a request and we will see.
