Nawaz pleads with IHC to club at least two references

ISLAMABAD: A legal counsel for former prime minister Nawaz Sharif here on Monday contended before an Islamabad High Court (IHC) division bench that if it was not possible to join three references at least two should be combined for joint charges and joint trial at an accountability court.
The IHC bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, after hearing arguments from Sharif's counsel Azam Nazir Tarrar advocate said that the bench has to see that on what grounds the accountability court (AC) dismissed the application for joint trial and joint charges. Advocate Tarrar argued that Azizia Steel Mills and
Flagship Investments corruption references were quite similar to each other and they may be combined. The third reference is about Avenfield properties.
Former Prime Minister Nawaz Sharif through the said petition has been seeking to set aside a November 8 judgment by the accountability court which dismissed his application for a joint trial.
The petitioner has cited State through the National Accountability Bureau chairman and Accountability Court No 1 judge as respondents. The petitioner said that he is aggrieved of the AC order dated November 8 through which court had dismissed his application of joint framing of charges and joint trial in three corruption references filed against him regarding alleged offences of same kind.
The petitioner had also been seeking deletion of Section 9(a)(v) from the charges in corruption reference number 20.
That in all the three references it was alleged that the properties acquired from 2001 till 2009 (with remittances covering from 2009 till 2015) in the name of benamidars Hassan Nawaz and Hussain Nawaz were actually
owned by the petitioner
and were disproportionate
to his known sources of income.
That each reference is supplemented by a nine volume joint investigation team (JIT) report with common prosecution witnesses. Similarly petitioner's defense against each allegation is also same.
The petitioner said that the offences under Section 9(a)(v) and all precedents pertaining thereto, a single offence can be framed against the accused irrespective of the nature and number of the assets alleged to be owned by the accused. The petitioner prayed to the court to set aside the AC order. He is also prayed that the AC judge may be directed to frame a single charge against him and conduct a single trial under Section 17(d) of the National Accountability Ordinance.
The petitioner has further prayed that a joint trial may be conducted to avoid conflicting judgement.
And proceedings may be suspended till framing of joint charges.
The AC in its detailed judgment of November 8 had said that "Section 17(d) of the National Accountability Ordinance 1999 provides a mechanism which may be adopted or not depending on the circumstances of each case".
Prosecution or accused cannot insist on joint trial of offences even in the case of same kind.
The accused/ applicant could not justify clubbing of all the three references for a joint trail in the circumstances of the cases, the AC said.
In order to avoid conflicting judgements, or any likelihood of ignoring any defence that will be produced by the applicant separately in each reference, all the three references shall be decided simultaneously. The Islamabad High Court put of the case till November 23.