IHC to hear appeal against Nawaz acquittal on 28th
IHC. PHOTO: Islamabad High Court website
The Islamabad High Court (IHC) will take up on July 28 the National Accountability Bureau’s (NAB) appeal against acquittal of former prime minister Nawaz Sharif in the Flagship case.
On that day, the court will also hear the top graft buster’s appeal seeking enhancement in the punishment awarded to Nawaz Sharif by an accountability court in Al-Azizia case in December.
Islamabad Accountability Court II former judge Arshad Malik on December 24, 2018 handed down a seven-year sentence to the ousted prime minister in the Al-Azizia Steel Mills corruption reference, but acquitted him in a second reference related to Flagship Investments.
Another accountability court in July 2018 convicted Nawaz in NAB’s Avenfield case and the former premier had challenged his convictions in Avenfield and Al-Azizia case in the IHC.
However, an IHC division bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, on June 24 dismissed his appeals as Nawaz, despite being on bail, remained absent from the hearings and did not appear before the court without any justification.
Before Nawaz Sharif, former president Gen (retd) Pervez Musharraf had also lost the right to an audience over his non-appearance during a trial. In both the cases, the courts made it clear that control over the proceedings could not be given to an accused.
“Since the appellant is fugitive from law, hence [he] has lost his right of audience before this court and we are left with no choice except to dismiss his appeal,” the IHC order read.
The judges, however, stated that the appellant might file an application before IHC, as and when he surrenders or is captured by the authorities, for a decision on the appeals. “Needless to observe that the said application, if and when it is made, shall be decided in accordance with law,” the order added.
Legal experts said whenever Nawaz Sharif filed such an application the court would examine the reasons for his continuous absence before proceeding ahead in the matter.