Onus on NAB to ‘provide evidence’
Islamabad High Court. PHOTO: File
The Islamabad High Court (IHC) adjourned on Monday the hearing of appeals of Pakistan Muslim League-Nawaz (PML-N) leader Maryam Nawaz and her husband Capt (retd) Muhammad Safdar against their conviction in the Avenfield property reference till May 12.
The bench, comprising Justice Aamer Farooq and Justice Mohsin Akhter Kayani, instructed National Accountability Bureau’s (NAB) new Prosecutor Imtiaz Saddiqui to discuss the case with Deputy Prosecutor General Sardar Muzafar Abbasi.
Maryam Nawaz and Capt (retd) Muhammad Safdar appeared before the court. At the outset of the hearing, the court noted that the lawyers for the appellants had given partial arguments in the case and asked the prosecutor to commence arguments.
Irfan Qadir, Maryam's lawyer, contended that if the prosecution would provide the evidence regarding beneficial owner of the property, it would save the court’s time. Prosecutor Imtiaz Saddiqui said there was also a need to view the nature of the crime.
Saddiqui said that services of several corporate experts were hired to hide the real ownership of the London flats. Justice Farooq remarked still it was NAB's responsibility to present the evidences. The prosecutor said that NAB had to prove how the accused had hidden the ownership of flats.
The prosecutor stressed that the case was about concealing property with the help of corporate experts by creating layers of overseas transactions. However, the court said that it was still NAB’s responsibility to provide evidence of ownership beyond a reasonable doubt.
The defence lawyer said that the NAB prosecutor was giving very complex arguments. The court then told the prosecutor to sit with Sardar Muzaffar Abbasi and discuss the case with him and understand how far the proceedings had gone.
The defence lawyers had claimed that the codes of conduct had been violated in the case. Justice Farooq remarked that the court had not curtailed the right of arguments of defence rather it asked a few questions from NAB regarding the defence's initial arguments.
Later Nab requested for further hearing after Ramazan. Irfan Qadir, Maryam Nawaz’s lawyer, also supported the NAB’s request. The court adjourned the hearing of the appeals of Maryam Nawaz and Captain (retd) Safdar till May 12.