NAB’s plea on Maryam’s appeal dismissed

Lawyer tells court Volume X of JIT report not provided; hearing of case adjourned till June 20

ISLAMABAD:

The Islamabad High Court on Thursday dismissed the plea of the National Accountability Bureau (NAB) to adjourn the hearing on PML-N Vice President Maryam Nawaz's appeal against the Avenfield reference.

A two-judge bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani was hearing the petitions filed against the verdict of an accountability court against Maryam and her husband Capt (retd) Muhammad Safdar.

Maryam’s lawyer Amjad Pervez argued that during the trial in the accountability court, neither the sources of income of the suspects were investigated, nor the value of Avenfield assets was determined.

He added that the accountability court had acquitted all the suspects of corruption and dishonesty but sentenced them for having assets beyond their know sources of income.

NAB Prosecutor Sardar Muzafar Abbasi said an amendment had been introduced to the accountability law and the bill was at the president’s office for approval.

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He added that the NAB chairman was also due to step down today on the expiry of his term, while the Supreme Court had also taken suo motu notice on the issue of transfer of prosecutors and investigating officers, therefore the hearing should be adjourned.

Justice Farooq noted that the accountability amendments were still a bill and the president had to sign it.

He added that the court would review the matter when the bill would be signed into law by the president.

“Will the Supreme Court stop the High Court from working? Even if the NAB chairman retires, the deputy chairman will have temporary charge of the post,” the judge pointed out.

“Did NAB end after its chairman left? Are you saying that after the change of government, the stance of NAB might also change?”

On the directions of the court, Maryam’s lawyer started his arguments. Giving a brief summary of the trial, he said that the Supreme Court had formed a joint investigation team (JIT).

The JIT report was submitted to the Supreme Court on July 10, 2017.

On July 28, 2017, the Supreme Court ordered NAB to file a reference. The NAB director general approved the investigation on August 3, 2017. The anti-graft body issued a call-up notice to Maryam and Safdar on August 18, 2017.

The couple responded to the notice on August 22, 2017 through their lawyer.

The investigating officer, while preparing the interim report, recommended filing a reference.

Based on the investigation report, the reference was filed on September 7, 2017.

The lawyer maintained that that Volume X of the JIT report containing letters written to other countries and their replies for mutual legal assistance was not provided.

He added that an application was filed in the high court for the availability of the volume but it was rejected.

Justice Kayani remarked that if the record of Volume X was not provided, then it could not be used against anyone.

“Was it a classified document? Is there any such order of the Supreme Court?” the judge inquired.

The lawyer contended that his clients were sentenced on the basis of letters included in Volume X and he had conducted cross examination on the basis of common sense.

Justice Farooq remarked that if a document was to be used against a suspect in a trial, then according to the law of evidence, it had to be provided to them so that they could prepare their defence. “The accused is the court's favourite child,” he added.

To a query, Maryam’s lawyer told the court that NAB had attached the transcripts of former premier Nawaz Sharif’s speech and interviews of his children Hassan, Hussain Nawaz and Maryam Nawaz with the supplementary reference.

He added the charge sheet of every crime should be clear in accordance with the law. However, he claimed that the charge sheet in the current case was “confusing”.

The court adjourned the case till June 20, wherein Maryam’s lawyer would continue his arguments.