SC to hear NAB's appeal on suspension of Sharifs' sentences on Oct 24

Three member-bench headed by Chief Justice of Pakistan Mian Saqib Nisar will hear NAB's appeal

The Supreme Court scheduled the hearing of an appeal filed by the National Accountability Bureau (NAB) regarding the suspension of Sharif family members sentence by the Islamabad High Court (IHC) on Wednesday, Express News reported.

A three-member bench headed by Chief Justice Saqib Nisar will hear NAB's appeal.

The anti-graft watchdog on Monday filed an appeal against the suspension of former premier Nawaz, Maryam and Captain Safdar's sentences by the IHC. The appeal stated that "the high court did not correctly account for the evidence during the hearing."

NAB has also raised 30 legal grounds to justify its appeal against the IHC verdict, wherein question was posed to the bureau, asking if a criminal conviction can be based on presumption, and if such a conviction can be sustained.

Interestingly, earlier when NAB had approached the apex court against IHC’s September 10 order to proceed in this matter, the top court rejected it with cost but now NAB has filed an appeal against the main judgment.

“The concept and principles embedded in group/derivative culpability especially white collar crimes have not been adhered with the division,” says the petition.

It is contended that without giving an opportunity to NAB to submit a response, Sharif family members’ plea was allowed by modification/recalling of the appellate court’s order and the previous order, in the absence of any review application. The NAB states the IHC division bench has not appreciated provisions of the applicable law, quantum of sentence and has granted suspension and allowed bail till final adjudication of the appeal.



It says NAB did not consider the point on how Sharif family members are an aggrieved person within the meaning of Article 199 of the constitution.  To which the bureau maintains the Sharifs have always maintained these properties, acquired through lawful means and transferred through illegitimate means but they opted not a single piece of evidence to establish their stance.

According to Article 177 of Qanun-e Shahadat order, the burden of proof is on Sharif family to justify their properties. It also claims the division bench has seriously prejudiced NAB’s case and may have adverse effect in arguing the main appeal before the IHC.



In a failed attempt to deceive the courts as well as investigating agencies, respondent No 1 (Maryam) had got prepared agreements for declaration of trust between herself and co accused Hussain Nawaz with regard to Neilson and Nescoll which were sent twice to handwriting expert Robert Radley by the JIT, says the petition.

It is also submitted that the IHC division bench has passed certain observations with regard to a query raised by the bench relating to the amount of Avenfield apartments which is contrary to facts and actual facts.

It is submitted that neither the court raised any such query during the course of arguments nor did special prosecutor or additional PG NAB appearing on behalf of the NAB responded in the manner as it has been observed by the division bench.