ISLAMABAD: The Islamabad High Court (IHC) Tuesday overturned the conviction of Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif in the Al-Azizia reference, in a major boost for the senior politician’s bid to become the next prime minister of the country.
A two-member divisional bench — comprising IHC Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb — heard Nawaz’s appeal against his conviction in the Al-Azizia reference and NAB’s plea seeking an extension of imprisonment awarded to the politician in the case, clubbing both the petitions together
Nawaz, accompanied by his lawyers appeared before the court.
During the hearing, when asked whether NAB had proved that the former prime minister’s children were dependent on him, Wajid Zia, the prosecution’s primary witness, acknowledged that there was no evidence in this regard.
The court inquired on what basis was the burden of proof shifted on Nawaz.
At this, the former prime minister’s legal counsel Advocate Amjad Pervez apprised the bench that the trial court relied on the three miscellaneous applications along with Nawaz’s speech in the National Assembly and his son Hussain Nawaz’s TV interview.
The lawyer contended that the evidence from one case cannot be used in another, especially when both cases vary in nature.
He further underscored that it was the prosecution’s responsibility to assess the value of [Nawaz’s] income and assets and that the former prime minister was “dependent” on his sons.
“It was to be proved by the prosecution that benami assets were established [by Nawaz].”
“If [the prosecution] has not provided any evidence [in this regard], then the said case doesn’t fall in the category of ‘assets beyond means’,” the lawyer noted adding, “There is no such case where the accused was sentenced on accounts of lack of clear and logical proof regarding the ownership [of the assets].”
Responding to Pervez’s arguments, the NAB prosecutor apprised the court that the references were filed in the accountability court on the directions of the Supreme Court of Pakistan (SC), which also constituted a joint investigation team (JIT) to probe the references.
The NAB official further maintained that the anti-graft body investigated the issue of benami assets following the SC decision.
He informed the court that charges against Nawaz were framed under the allegations of corrupt practices. He said that the decision of the accountability court of Al-Azizia reference is “biased”.
Justice Hassan remarked that NAB can give the arguments on merit and have the conviction upheld.
Meanwhile, Justice Farooq directed the NAB prosecutor to state the facts and then link them with the case in his arguments based on merit.
The court, however, turned down NAB’s request to remand the case back to the trial court once again and approved Nawaz’s appeal against the conviction.
Meanwhile, After Al-Azizia victory, PML-N is optimistic about Nawaz Sharif’s ‘eligibility to contest election.
PML-N stalwart Azam Nazeer Tarar claimed Nawaz is “now eligible” to participate in the elections after the verdict from the high court.
PMLN spokesperson Marriyum Aurangzeb also expressed gratitude over Nawaz’s acquittal from “all cases”.
“The reality of these false cases has been exposed to the nation,” she said, regretting that getting justice took seven years.
Aurangzeb said that these years caused irreparable damage to the country.
“InshaAllah, Nawaz Sharif will become the prime minister for a fourth time with the nation’s votes,” she said, expressing hope that the PML-N supremo will lead the country to “prosperity”.
On the other hand, Pakistan Tehreek-e-Insaf (PTI) termed the acquittal of ‘Jati Umra convict/ fugitive’ from the court in Al-Azizia case as the last nail in the coffin of justice.
A PTI spokesperson in his reaction to the development, alleged the fugitive who was brought back home in the state asylum under the infamous London Plan has been acquitted by ‘mortgaging’ his honor.
“The acquittal of the culprit is a black spot on the face of accountability and a cause of eternal humiliation for the perpetrators of the brutal murder of justice,” he charged.
The PTI spokesperson alleged the NAB chief has turned the state institution of accountability into a pony bearing the burden of nefarious political plans of unconstitutional and illegal forces.
The looting of thieves, he continued, is a reality like yesterday and that there was no change in the reality of the convict’s case, but the plaintiff ran away from the case after coming under the control of the patrons of the thieves.
“There are stolen wealth of the nation and expensive properties purchased by them, but this family of thieves is still unable to produce receipts. If the ‘London Plan’ curse is erased, these criminals will be brought back to the law. Those who have tried to bathe this shameless ‘ladla’ by blackening their face should also give him the courage to contest elections by making him stand in the field,” he noted.
He said the people will answer this acquittal through their vote slip on February 8, 2024 and the looted money of the nation will be withdrawn sooner or later from the vaults of this family of thieves.
Meanwhile, PTI has rejected the decision of the Election Commission of Pakistan (ECP) on postings of its officers for election duty as deeply worrying, destroying the credibility of the elections and opening the doors of rigging and the worst electoral engineering.
The appointment of administrative officers by the Election Commission for the conduct of elections, PTI spokesperson, maintained is a key step towards destroying the transparency of the elections.
“The minimum arrangement that the ECP can make to ensure the transparent conduct of elections is the appointment of non-partisan and impartial election staff/officers with credibility and character. There is no confidence in the bureaucracy across the country, especially in Punjab and Khyber Pakhtunkhwa, dancing to the tunes of illegal caretaker governments,” he made it clear.
“The administrative machinery of Punjab and Khyber Pakhtunkhwa is playing a central role in crushing the PTI with state power. At the behest of unconstitutional and illegal caretaker governments, the country cannot be given a choice in the hands of those who create lawlessness, violate the privacy, deprive the citizens of basic constitutional rights and enforce the forest law.
He said there are still reports of appointment of biased and controversial officers as election officers (ROs, DROs, etc.), but inexperienced, irrelevant and ineffective government servants are also reported to be entrusted with the most sensitive duty like conducting elections.
The weak and compromised Election Commission, he alleged, has failed miserably in effective control over unconstitutional, illegal, undemocratic and non-representative caretaker governments and administrative officers under them.
“The entire responsibility of conducting elections for a fair and transparent election will have to be entrusted to the competent judicial officers. If the Election Commission is not part of any plan to rob the elections, then the entire process of appointment/ posting of administrative officers should be rolled back,” he demanded.
