SC issues notices to Sharifs over NAB petitions

Decides not to issue notice to Captain Safdar; adjourns hearing till November 6

ISLAMABAD: The top court has issued notices to former prime minister Nawaz Sharif and his daughter Maryam over the National Accountability Bureau (NAB) appeals against the Islamabad High Court (IHC)'s September 19 verdict suspending their conviction in the Avenfield apartments case.

The court has, however, decided not to issue notice to Sharif's son-in-law Captain (retired) Safdar who was also sentenced to one-year imprisonment in the same case by an accountability court on July 6.

A three-judge Supreme Court bench, led by Chief Justice of Pakistan (CJP) Mian Saqib Nisar and comprising Justice Mushir Alam and Justice Mazhar Alam Khan Miankhel, on Wednesday conducted preliminary hearing of NAB's appeals against the IHC order that resulted in release of Sharif and his kin.

Justice Nisar had chosen not to sit in the larger bench that heard Panama Papers case and disqualified Nawaz Sharif as lawmaker on July 28, 2017. However, the CJP did head the bench which declared that the former PM could not even head his own party in view of the Panamagate verdict.

Interestingly, earlier when NAB had approached the apex court against the IHC's September 10 order to proceed in the matter, a top court bench led by the CJP had rejected its appeal while also imposing a fine on the anti-graft watchdog. The SC has now decided to hear NAB petitions.

Both Justice Mushir Alam and Justice Miankhel were also part of the special bench, which rejected the NAB appeal to reopen the Hudabiya Papers Mills case against the Sharif family.

During the hearing on Wednesday, NAB Special Prosecutor Akram Quraishi raised three points to justify the appeals against the IHC verdict that was authored by Justice Athar Minallah. Justice Minallah is being tipped as the next IHC chief justice.

Interestingly, the chief justice asked the special prosecutor to point out any precedent in judicial history of Pakistan, wherein a 43-page detailed judgement is authored while suspending a verdict. Quraishi said such precedent was not available in the Pakistani jurisprudence.

During the hearing, the NAB's attorney pointed out that high court while exercising writ jurisdiction grants bail in such matters in hardship cases, which are defined in the apex court judgements.

Quraishi pointed out that the high court exercises writ jurisdiction in the matters of illness of a convict as well as when the appeal is not being taken up for many years. The counsel argued that suspension of the accountability court verdict and granting bail to Sharif family is not a 'hardship case'.

He contended that the IHC overlooked basic principles while exercising writ jurisdiction and discussed admissibility of evidences. Likewise, the high court went on to discuss the merits of the case, along with the admissibility of evidences which was a 'glaring error'.

The special prosecutor, referring to paragraph 28 of the judgement, said the IHC while exercising writ jurisdiction to grant bail 'virtually' decided on the Sharifs' main appeal against their conviction.

The IHC in paragraph 28 noted that "in the light of obvious glaring defects and infirmities in the judgement we have formed a prima facie, tentative opinion that the convictions and sentences handed down to the petitioners may not be ultimately sustainable."

NAB challenges IHC ruling on Sharif family’s conviction

The NAB claimed that these observations may have caused serious prejudice to the cause and may have adverse effect while arguing the main appeal pending before the same high court. After hearing the arguments, the bench issued notice to Nawaz and Maryam but decided not to issue notice to Safdar.

The CJP asked NAB prosecutor whether he will support issuance of notice to Safdar, who was awarded one-year sentence. After consulting NAB Prosecutor General Ali Asghar, Quraishi sought one-day time. However, the CJP said the SC is not issuing notice to Safdar.

The hearing of the case was adjourned till November 6. The Pakistan Muslim League-Nawaz (PML-N) spokesperson Marriyum Aurangzeb was present in the courtroom. The NAB's prosecution team led by Ali Asghar Haider also watched the proceedings. Two references are still under adjudication by the accountability court.

Earlier, the bench took up the suo motu case regarding airing of false news about recusal of Justice Umar Ata Bandial to hear this case. After receiving unconditional apology from some TV reporters, the bench decided not to proceed further with a warning to be careful in future.

"I recommended Justice Bandial on Tuesday to take rest as he was not feeling well," the CJ noted.