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Wednesday May 08, 2024

Stage set for Nawaz’s hassle-free homecoming

All legal hurdles in smooth return of PML-N supremo were finally removed after he was granted protective bail in two graft cases

By Ali Raza & Awais Yousafzai & Khalid Iqbal & Murtaza Ali Shah
October 20, 2023
Stage set for Nawaz’s hassle-free homecoming. Screengrab of a YouTube video.
Stage set for Nawaz’s hassle-free homecoming. Screengrab of a YouTube video.

ISLAMABAD/DUBAI/LAHORE: All the legal hurdles in the smooth return of Pakistan Muslim League-Nawaz (PMLN) supremo were finally removed on Thursday after he was granted protective bail in two graft cases, while his arrest warrant in the Toshakhana case was also suspended by an accountability court.

The three-time former prime minister had approached the Islamabad High Court (IHC) for bail in Al-Azizia and Avenfield references, which approved the pleas, granting him bail till October 24.

A two-member IHC bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the Nawaz’s petitions. Afterwards, the IHC announced the verdict, restraining the authorities from arresting Nawaz on his return on Saturday (October 21). The high court said the National Accountability Bureau (NAB) did not raise any objections to the protective bail sought by the PMLN supremo.

During the hearing, Nawaz’s counsel Azam Nazir Tarar told the court that his client was declared a proclaimed offender by a trial court but now his warrants have been suspended. Justice Aamer asked Tarar if he had the suspension order. The counsel replied that lawyers were on their way from the accountability court. Afterwards, the IHC, keeping in view the accountability court’s suspension order, barred the NAB from arresting Nawaz, and granted him bail till October 24.

A day earlier, the IHC issued a notice to NAB on Nawaz’s petitions seeking protective bail in corruption references. The NAB, Rawalpindi Bureau, had nominated Rafay Maqsood to appear before the IHC bench as prosecutor.

Nawaz was declared a proclaimed offender by the IHC in the Avenfield and Al-Azizia cases over non-compliance after he went to London for treatment with the court’s permission in November 2019. He was sentenced to 10 and seven years in prison, respectively in both cases in 2018 by an accountability court. His appeals were dismissed by the IHC bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani for non-compliance. Also in 2019, the Lahore High Court suspended Nawaz’s sentence in the Al-Azizia reference on medical grounds and he was permitted to fly to London for treatment, after which he did not return.

Earlier, the Administrative Judge of Accountability Court, Islamabad, Muhammad Bashir, suspended the permanent arrest warrants for Nawaz in the Toshakhana case till October 24. “The warrant will be restored if he fails to appear in court on October 24,” the court announced.

The NAB prosecutor did not oppose the bail petition and said the court could suspend the permanent warrant against Nawaz, adding they were issued to bring the accused to the court. Nawaz’s counsel Qazi Misbah said that his client was declared a proclaimed offender and permanent warrants were issued for his arrest. He pleaded the court to cancel them as Nawaz now wanted to appear before the court. The case has now been fixed for hearing on October 24 while Nawaz would return on October 21, and the court could cancel the arrest warrants, Misbah argued.

The defence counsel told the court that the report of medical treatment had been submitted to the court. “We will appear before the court,” the lawyer said, asking the judge to suspend the warrants so that Nawaz could access the court. “Did you file a petition for protective bail in the case in high court?” Judge Bashir questioned to which he responded in the negative. “Warrants were issued in Toshakhana reference, but the case was undecided,” Misbah said.

The judge observed that Nawaz had left the country with the court’s permission four months before this reference was filed. “What is the status of other suspects in the case, including Asif Ali Zardari?” the judge asked. “They are appearing in courts through their respective representatives,” the lawyer responded.

The judge again asked if the other suspects had been arrested to which the lawyer responded in the negative. He recalled that the court had earlier suspended the arrest warrants of former finance minister Ishaq Dar on similar grounds.

The accountability court had declared Nawaz a proclaimed offender on September 9, 2020, the defence counsel said. “What was the reason for Nawaz’s absence?” the court questioned. “He was unwell when he left Pakistan and the medical report has been annexed to the file,” the lawyer clarified.

The NAB prosecutor also said: “If Nawaz wants to appear in the court, then his warrants should definitely be suspended.”

The accountability court, after the arguments, issued a written decision. Referring to the defence lawyer, the order says Nawaz Sharif went abroad for treatment and the reference was filed during his stay abroad. No suspect was arrested in the reference.

It further said that warrants against Nawaz were issued in absentia, and now he wanted to return to Pakistan and appear before the court. “The lawyer has also said that the former prime minister had not fully recovered yet. He has requested to suspend Nawaz’s arrest warrant till October 24 for a fair trial,” the decision said, adding the NAB prosecutor also said Nawaz wanted to surrender before the court. If Nawaz does not appear in court, NAB should execute the arrest warrants, it said. Praising the verdict, PMLN President and former prime minister Shehbaz Sharif said his elder brother was disqualified based on a “fictitious and fabricated story”.

“He was implicated in absurd cases and subjected to mistreatment,” he wrote on X. “Any fair hearing would have established his innocence. Bail is a fundamental right, and we welcome the IHC decision in this regard, hoping that justice will prevail, InshaAllah.”

Meanwhile, Nawaz Sharif landed in Dubai, the United Arab Emirates, ahead of his return to Pakistan. He was given a “special protocol” on arrival at the Dubai airport. The three-time prime minister is set to return to Pakistan on October 21 (Saturday) after spending four years in self-exile in London. His arrival comes after a few hours of delay as he was held up in Jeddah, Saudi Arabia, for an important meeting, sources told Geo News.

During his two-day stay in Dubai, Nawaz will meet a selected group of people after which he will leave for Pakistan on Saturday morning, first to Islamabad and then to Lahore. He will be accompanied by around 150 people on his return in a chartered plane.

Addressing a ceremony, the party’s Senior Vice President Maryam Nawaz Sharif said that the past, present, and future belongs to the PMLN. During the ceremony, PMLN President Shehbaz Sharif officially launched the party’s new anthem, which narrates the political upheavals of the party.

Maryam Nawaz said that those who had sought to destroy Nawaz were no longer in the picture. She stressed that a new PMLN had emerged in the past month, highlighting that PMLN workers did not allow the heads of Nawaz and Shehbaz to bow down. She congratulated and credited former information minister Marriyum Aurangzeb for the anthem’s launch. Maryam said the party workers were preparing for the reception. She said on October 21, everyone would witness another resurgence of the PMLN. Lavishing praise on Shehbaz, she said she would salute the PMLN president on behalf of the party, for resolutely standing with his elder brother, Nawaz Sharif.

Addressing the ceremony, Shehbaz Sharif congratulated Maryam, Marriyum Aurangzeb and their entire team on the anthem’s launch. He said that on October 21, the party’s youth wing would offer an unprecedented welcome to Nawaz Sharif. “We have to honour Nawaz Sharif by according him the biggest welcome in the country’s history. I also thank the party leaders for their efforts to stage a historic welcome Nawaz Sharif,” he maintained. Shehbaz further said Nawaz was not returning to exact revenge but was coming to speed up the country’s development and steer it out of the crises. PMLN’s central leadership including, Ahsan Iqbal, Hamza Shehbaz, Sardar Ayaz Sadiq, Rana Sanaullah and local leadership were also present on the occasion.