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Friday April 19, 2024

They may bring another Qatari for defence: IHC

By Faisal Kamal Pasha
November 24, 2017
ISLAMABAD: An Islamabad High Court (IHC) division bench here on Thursday observed that they (Nawaz Sharif and family) might bring another Qatari for their defence.
The IHC reserved judgment in a matter where former prime minister Nawaz Sharif sought joint framing of charges and joint trial in the three corruption references pending against him at the Accountability Court (AC). A National Accountability Bureau (NAB) Deputy Prosecutor General Sardar Muzaffar Abassi argued before the court that the Accountability Court already started recording statements of witnesses in all the three references and this application seeking a joint trial and joint charges had gone infructuous.
Justice Mohsin Akhtar Kayani, member of this division bench, asked the legal counsel for Nawaz Sharif what impact it would make if all the witnesses recorded their statements and produced evidence and then this court accepted this petition.
Nawaz Sharif’s counsel Azam Nazir Tarar, on this, replied in poetry saying, “Kee merey Qatal Kay Baad Uss Ne Jafa Se Touba…..Hye Uss Zood Pesheman Ka Pesheman Hona’.
Former prime minister Nawaz Sharif through his counsel said that the petition sought to set aside the November 8 AC judgment through which the Accountability Court had dismissed his applications for joint trial.
The petitioner cited the state through the NAB chairman and Accountability Court No 1 judge as respondents. During the last hearing, Nawaz Sharif’s counsel had contended before the IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani if not three, at least two references should be combined for joint charges and joint trial at the Accountability Court.
It may be mentioned here that Nawaz Sharif had also filed the same application before the Supreme Court of Pakistan, which dismissed his application observing that the petitioner might seek a remedy at an appropriate forum. On Thursday, the IHC division bench reserved its judgment after counsels from both defence and prosecution concluded their arguments.
Legal counsel for Nawaz Sharif, Azam Nazir Tarar, advocate, argued before the court that the Accountability Court (AC) on November 8 for the second time rejected applications of his client for joint trial without waiting for detailed judgment of the IHC. In this petition, Nawaz Sharif said that he was aggrieved by an accountability court order dated November 8 through which the AC had dismissed his application of joint framing of charges and joint trial in three corruption references filed against him regarding alleged offences of the same kind.
The petitioner said that the offences under Section 9(a)(v) and all precedents pertaining thereto, a single offence could 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 dated November 8 through which the AC had dismissed his application seeking a joint trial and joint charges and also deletion of Section 9(a)(v).