IHC declares Nawaz Sharif as proclaimed offender in Avenfield, Al-Azizia references

IHC declares Nawaz Sharif as proclaimed offender in Avenfield, Al-Azizia references

ISLAMABAD (APP): The Islamabad High Court (IHC) on Wednesday declared former Prime Minister Nawaz Sharif a proclaimed offender in Al-Azizia and Avenfield references.

The court also served notices to Nawaz Sharif’s guarantor Sakhi Abbas on disappearance of the accused. 

The court ordered to fix the appeals of Nawaz Sharif with identical appeals of Maryam Nawaz and Captain (reted) Safdar for hearing on December 9.  

A division bench of IHC comprising Justice Amir farooq and Justice Mohsin Akhtar Kiyani conducted hearing on appeals in Avenfiled Property and Al-Azizia Steel Mills references.

During the course of proceeding, recording his statement Director European Affairs Muashar Khan said that On October 19, 2020, court orders were received and a letter was written to the Pakistan High Commission London to paste summon notices at outside of Nawaz Sharif’s residence and take other measures accordingly. 

On October 21, a certified copy was received from the Attorney General and on same day it was conveyed to the high commission along with a copy of local law. 

The reply was received from there on 3rd November while fax implementation message was received from London on 9th November and report was submitted to the court on 20th November.

Mubashar Khan said that receipts of Royal Mail were received on 30th November. 
On the query by the bench, Deputy Attorney General Tayyab Shah said that the advertisements were published in English and separate ads were published in two cases. 

Mubashir Khan said that he had received proclamation of Nawaz Sharif issued by this court and sent it from the Foreign Office to the Pakistan High Commission in London. Nawaz Sharif’s summon advertisement compliance documents were presented before the court.

The court inquired whether the text given to you by the Registrar’s Office was the same to which the Deputy Attorney General positively answered. 

Mubashir Khan while presenting the confirmed receipt of Nawaz Sharif’s notices through Royal Mail said that the it was delivered through Royal Mail, the date and day were also mentioned on receipt. 

The court ordered to make the documents as part of the case record. After this the court recorded the statement of witness Ijaz Ahmed, Assistant Director FIA Lahore, who said he went to Model Town Lahore along with Assistant Director Tariq Masood and pasted the notices outside the residence of Nawaz Sharif in simple language. 

On the same day, they went to Sharif farms Jati Amra and pasted the notices. 

The report was submitted on October 23 with the signature of Tariq Masood Assistant Director and 10 photographs taken on the spot. 

Witness Tariq Masood said that he also met and informed the two servants of Sharif family Muhammad Mansha and Anwar in Jati Amra.

On the query by Justice Amir Farooq, NAB prosecutor Jahanzeb Bharwana requested the bench to turn down the appeals of Nawaz Sharif against his sentences to this Justice Farooq said that not today but assist the court on next hearing with judicial precedents in similar matters.

Jahanzeb Bharwana said that Nawaz Sharif could be given further sentence for not surrendering before court under section A-31 of NAB Ordinance.

Justice Amir Farooq said that if there was such punishment in law, then appeals could also be decided on merit. 

The court said that the appeals of Maryam Nawaz and Captain (R) Safdar were also being heard in next week. 

Bharwana said that the merits of Maryam Nawaz and her husband’s appeals were different at this Justice Kiyani said it would open the complete case as the decision was in the same case. He said that this court also had to view the conduct of former judge Arshad Malik. 

Jahanzeb Bharwana said that Nawaz Sharif had filed a petition to produce five witnesses while the second case was filed by Nasir Butt who was also a fugitive.

Justice Farooq said that we would pass order keeping in view the the evidence. 

He asked the NAB prosecutor that what the court should do next. There were two appeals from Nawaz Sharif and two from NAB. 

The court noted that notice was issued on NAB’s appeal to increase the sentence while no notice was served in flagship. 

Should Nawaz Sharif’s appeal be kept separate in Al-Azizia reference or with it, the bench asked.

NAB prosecutor said that Azizia reference appeal was completely different, it should be looked at separately at this Justice Farooq said that the other side was not present and asked the prosecutor to assist the court. 

Bharwana said that the same court had given a decision in Pervez Musharaf case. Justice Farooq said that the court had to view the law even the accused had become absconder. 

The court then adjourned hearing till December 9.

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