IHC to hear Al-Azizia reference on merit

ISLAMABAD: The Islamabad High Court (IHC) Thursday decided to hear on merit an appeal of the PMLN supremo Muhammad Nawaz Sharif against his conviction in the Al-Azizia reference.

A division bench — comprising Chief Justice Aamir Farooq and Justice Miangul Hasan Aurangzeb — heard the appeal. The National Accountability Bureau (NAB) urged the court to remand the appeal back to the accountability court. However, the bench rejected it and decided to hear the matter on merit. Nawaz Sharif appeared in the court along with his legal team. 

On December 24, 2018, the accountability court sentenced Nawaz to seven years in jail and imposed a fine of 2.5 million pounds in the reference. Nawaz submitted an appeal against the accountability court decision, requesting the high court to annul the decision of imprisonment and fine. The NAB took the stand that the accountability court had awarded a lesser sentence and it should be enhanced.

At one point during the hearing on Thursday, the NAB prosecutor brought up the video scandal surrounding former accountability judge Arshad Malik and asked the court to first look at petitions about it. He further remarked that if the accountability court judge was dishonest or his conduct while deciding the case was not appropriate, then it would have repercussions.

“Why the judge was sacked. Arshad Malik is no more in this world but many other people are around. If we install a screen here and run the video, then keep it in mind that it might be a two-edged sword,” Justice Hassan remarked. However, the PML-N counsel said his client did not want to press the matter as the said judge had passed away.

Nawaz’s counsel Amjad Pervez Butt informed the court that there were 22 witnesses in the case and most of them were linked to bank records. Of the two remaining witnesses, one is a NAB investigation officer and the other is the head of a joint investigation team (JIT), the court was told.

The counsel said it had been established in the last seven years that Nawaz’s father had established the Al-Azizia mills and Nawaz was not linked to it in any way ever. He said the former prime minister’s “case is better in the Al Azizia matter than the Avenfield case”. The NAB prosecutor objected to Butt’s arguments and said he should take their other miscellaneous pleas back. Butt, however, opposed the prosecutor’s plea.

At this, Justice Farooq said the court had two options; either to decide on merit after observing the additional evidence or remand the reference back to the accountability court. Justice Hassan remarked that Nawaz would be considered an accused and not a convict if the case was sent back to the accountability court and the trial court would have to decide again. The bench, however, decided to hear the appeal on merit while turning down the prosecutor’s request. After the completion of arguments by Nawaz’s lawyer, the court adjourned the hearing till December 12. The prosecutor will give arguments at the next hearing.

During a hearing on November 29, the court accepted the appeal of Nawaz Sharif and acquitted him in the Avenfield Apartments reference. The NAB also withdrew its appeal from the high court against the acquittal of Nawaz in the Flagship reference.

On July 28, 2017, the Supreme Court had disqualified former prime minister Nawaz Sharif for not declaring a receivable salary and ordered the NAB to file Avenfield, Al-Azizia Steel Mills and Flagship references following the Panama Papers revelations.