Nawaz challenges Al Azizia verdict in IHC

Former premier seeks suspension of accountability court verdict


Saqib Bashir January 01, 2019
Nawaz Sharif. PHOTO: REUTERS

ISLAMABAD: Deposed premier Nawaz Sharif on Tuesday filed an appeal in the Islamabad High Court challenging accountability court's verdict in Al Azizia reference.

The former premier seeks suspension of the seven-year imprisonment sentence and Rs1.5 billion fine awarded by accountability court Judge Arshad Malik on December 24 in a corruption reference filed by the National Accountability Bureau (NAB) in light of the Supreme Court's 2016 Panamagate verdict.

Nawaz's sons, Hasan and Hussain, were declared absconders by the accountability court. The former prime minister was acquitted in Flagship reference.

In his petition, Nawaz maintains that the decision was based on assumptions and false interpretation of law. It stated that the evidence were misperceived and the accountability court announced the verdict without hearing objections by the accused.

The appeal seeks suspension of the sentence and Nawaz’s release on bail. The petition will be heard by a two-member bench of the high court.

Full text of accountability court's judgment in Al-Azizia reference case

The Al Azizia verdict said that the accused No 1 (Nawaz Sharif) was held guilty for the offence of corruption and corrupt practices and accordingly, is convicted under section 10 of the NAO 1999 ‘read with schedule thereto’.

“And consequent upon his conviction, having regard to the facts and the circumstances of the case, the convict is hereby sentenced to rigorous imprisonment for a term of seven years along with a fine of Rs1.2 billion and $25 million,” said the order.

According to the judgement, Sharif is disqualified to hold any public office for a period of ten years. Likewise, he will not be allowed to apply for or be granted or allowed any financial facilities in the form of loan or advances or other financial accommodation by any bank or financial institution owned or controlled by the government for a period of 10 years from the date.

Nawaz found guilty in Al-Azizia reference, acquitted in Flagship

The Supreme Court on July 28, 2016, disqualified Nawaz in the Panama Papers case and ordered NAB to file separate cases which were respectively called Avenfiled, Al Azizia and Flagship references.

Earlier this year, an accountability court had convicted the former premier, his daughter Maryam and son-in-law Captain (retd) Safdar Awan in Avenfield reference and sentenced them to 10, seven and one year of rigorous imprisonment.

The sentence was later suspended by the Islamabad High Court (IHC). The high court had observed that the accountability court verdict was based on “prima facie, tentative opinion”.  It found NAB to have failed to prove the corruption charges.

"The petitioners were alleged to have acquired Avenfield Apartments by corrupt, dishonest or illegal means." Yet, the accountability court in its judgment held that "Prosecution has not brought evidence in respect of Section 9 (a)(iv) NAO, 1999][4]. So the accused are acquitted under that section of law”

The petition filed by NAB challenging the IHC decision is currently being heard by an apex court bench headed by Chief Justice Saqib Nisar.

Read the full petition here:

[sc name="Nawaz challenges Al Azizia verdict"]

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