Captain (retd) Muhammad Safdar. PHOTO: FILE
ISLAMABAD: The National Accountability Bureau (NAB) has challenged Nawaz Sharif’s son in-law Captain (retd) Muhammad Safdar’s release on bail saying the accountability court ‘illegally’ passed the order as it has no power to release any accused from custody under NAB Ordinance, 1999.
After almost a month, NAB has approached the Islamabad High Court requesting it to set aside accountability court’s order of October 9 by declaring it ‘illegal’ and consequently, Safdar be remanded to jail custody.
NAB’s Special Prosecutor Afzal Qureshi and the Prosecutor General Accountability, Waqas Qadeer Dar, had made Safdar and the judge of the accountability court respondents in the petition filed before the IHC on Friday.
In the petition, the prosecutors stated that Safdar did not appear before trial court in response to bailable warrants of arrests and later the court was constrained to issue non-bailable warrants against Safdar to procure his attendance for October 9.
Captain Safdar arrested as he returns from London
Subsequently, they said, NAB arrested Safdar from Benazir Bhutto International Airport on Oct 8 and produced him before the court on Oct 9 requesting to remand him to judicial custody.
Instead, they continued, the Judge Accountability Court Muhammad Bashir “unlawfully released” from custody on submission of bond in the sum of Rs5 million with one surety in the like amount while “ignoring the principles dealing with the custody of accused and the powers to grant bail”.
The officials of the anti-graft body maintained that trial court “failed to appreciate that it has no power to release any accused from custody” and only remedy available was to invoke the jurisdiction of the High Court under article 199 of the Constitution, for his release on bail.
“The court was not competent to let him off,” the petition read.
It added that Safdar did not appear before the court on various hearing, avoided the process of law and tried to hamper the proceeding which are to be concluded within a period of six months, as directed by the Supreme Court.
NAB prosecutors have prayed IHC to declare the Oct 9’s order of the accountability court illegal; set aside it and send Safdar to jail on judicial custody remand. NAB has also prayed the court to suspend the order till the decision.
Safdar along with his wife Maryam Safdar and father in-law Nawaz Sharif is standing trial in the Avenfield Apartments reference filed against them by NAB.
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