ISLAMABAD: The appeal to be filed by ousted Prime Minister Nawaz Sharif, his daughter Maryam and son-in-law Capt (R) Safdar in the Islamabad High Court (IHC) against their conviction is required to be decided within 30 days.
Although the National Accountability Ordinance (NAO) fixes the period for disposal of such appeal but hardly ever any such plea has been decided within this timeline.
Meanwhile, prominent lawyers differ whether surrender of the former premier and two others is mandatory and their presence in Pakistan is essential to submit their appeal in the IHC. But the legal minds agree that it is up to the IHC to dispense with the conditions of surrender and presence. Nawaz Sharif and others have a maximum of 10 days to file the appeal.
Section 32 of the NAO says that any person convicted or the NAB prosecutor general, if so directed by NAB chairman, aggrieved by the final judgement and order of the accountability court (AC) may within 10 days of the final decision and order prefer an appeal to the concerned high court where the AC is situated. However, no appeal will lie against any interlocutory order of the AC.
The provision further says all appeals against the final judgement filed before the relevant high court will be heard by a bench of not less than two judges constituted by the concerned chief justice and will be finally disposed of within 30 days of the filing of the appeal. No revision will lie against any interlocutory order of the AC. However, where a person makes an application for revision, he will, in its support, furnish copies of the reference, documents and order of the AC and the high court will dispose of such application within 30 days without calling for the record of the AC. Such application will be made within 10 days of the decision of the AC, which will provide a copy of such decision within three days.
If the appeal against an AC decision is to be decided within 30 days, a reference is also required to be adjudicated upon within the similar period. If no such appeal has ever been disposed of adhering to the specified timeline, no reference is also decided following the similar period.
Although the three references against the Sharif family were heard by the AC on the fast track as directed by the Supreme Court, just one of them relating to the London properties has been decided after over nine months. The AC held day-to-day hearings. It is not known when the other two references will be decided.
Section 16 of the NAO says an accused facing a reference will be prosecuted for an offence in the AC, and the case will be heard from day to day and will be disposed of within 30 days. The AC will sit at such place or places as the federal government may specify.
When contacted, leading lawyer Azam Nazeer Tarar told The News that Nawaz Sharif and others will have to surrender before filing the appeal and seeking suspension of the AC judgement. A writ petition will have to be filed in the IHC requesting bail.
He said the AC verdict was extremely weak and self-contradictory. He opined that nobody can be convicted on presumptions, and the benefit of doubt always goes to the accused. This is a unique verdict, he said.
Caretaker Federal Minister Syed Ali Zafar Shah told a TV channel on Friday night that it was not necessary for Nawaz Sharif, Maryam and Safdar to surrender and be present in Pakistan to appeal against the AC decision.
However, another lawyer, speaking in the same programme, did not agree with him and said that the convicts have to hand themselves over to authorities and have to be present in Pakistan to submit the appeal. But he hastened to add that it was for the IHC judges included in the bench that will hear the appeal whether or not to do away with these preconditions.
As per the just-released programme of addressing three receptions in Britain, Nawaz Sharif and Maryam will be in England for the next few days. He will be doing the election campaign through these events.
In view of these engagements, it is clear that the duo will not be in Pakistan under arrest on Monday when their leader lawyer Khawaja Haris plans to file the appeal in the IHC. It is quite likely that the advocate wants to see the response of the IHC especially whether it accepts the appeal for hearing or returns it raising the objections that the convicts have not surrendered themselves and were not present in Pakistan.