F.P. Report
ISLAMABAD: The Supreme Court of Pakistan Monday dismissed an appeal filed by the National Accountability Bureau (NAB) against suspension of sentence awarded to former premier Nawaz Sharif in the Avenfield Reference case.
A five-member bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar comprising Justice Asif Saeed Khosa, Justice Mushir Alam, Justice Gulzar Ahmed and Justice Mazhar Alam heard the plea challenging the IHC verdict in the Avenfield case which suspended the sentences of the trio.
During the hearing, Justice Ahmed remarked that, “It is not necessary that an appeal in the top court can undermine a high court verdict,” adding that the bench will look into the merits of the case.
He further asked the NAB prosecutor that on what basis does he expect the court to suspend the IHC verdict.
“Part of the verdict that granted bail was not challenged,” added Justice Ahmed. “Mere high court remarks cant be used as a basis to suspend the awarded sentence.”
Upon hearing this, the NAB prosecutor responded saying, “A bail can only be granted in certain circumstances and the high court did not shed light upon any such circumstance.”
Further on in the hearing, Justice Khosa said, “What is the problem? Has Sharif been acquitted?” To which the NAB lawyer said, “The decision is almost equal to an acquittal.”
The chief justice added that observations of an interim order does not have an effect on the submitted appeal.
Justice Khosa further asked the NAB prosecutor that how did the high court abuse its power by granting a bail? “One member of the family is behind bars already. According to your point of view, the high court verdict is wrong and you want us to commit the same mistake.”
Towards the end of the hearing, CJP Nisar asked the NAB counsel, on what grounds should the apex court suspend the bail. “Rules of granting a bail differ from rules of suspending a bail.”
Meanwhile, Federal Minister for Information and Broadcasting Fawad Chaudhry expressed his views on the dismissal of the appeal, and said that the judgment was correct ‘constitutionally’.
“The cancellation of bail requires extraordinary reasons. The decision has not effected practical situation in anyway. Nawaz Sharif’s political career has ended forever,” he said, adding that the Pakistan Muslim League Nawaz (PML-N) is an influential political party of Pakistan which needed a new leadership.
The accountability court on July 6, 2018, sentenced Sharif to 10 years rigorous imprisonment in the Avenfield properties case. The sentence extended to his daughter Maryam, and son-in-law Safdar with 7 years and 1 year of imprisonment, respectively.
The court had also imposed eight million pound fine on Sharif, while a fine of two million pound was imposed on his daughter Maryam.
On July 13, 2018, Sharif and his daughter Maryam were arrested on their arrival from London to Lahore, and subsequently were taken to the Adiala Jail in Rawalpindi. However, on September 19, 2018, the Islamabad High Court (IHC) suspended their jail sentences, and ordered their release on bail with an immediate effect. Later, the NAB challenged the IHC’s ruling in the SCP.
