Sharif family’s sentences may not be ultimately sustainable: IHC

ISLAMABAD: The National Accountability Bureau (NAB) counsels, rather than producing documents reflecting the value of Avenfield apartments, stated before the Islamabad High Court (IHC) during the trial that the property value could be obtained through Google.

The IHC, in its detailed judgment, said this answer was not expected from learned counsels who have enviable professional experience and competence, because after conclusion of trial no document other than those which have been brought on record can be considered. The court on Wednesday issued a detailed judgment regarding its order to suspend the sentences of former premier Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (retd) Muhammad Safdar in the Avenfield corruption reference.

Complete text of IHC's judgment on suspension of Sharifs’ sentences

Nawaz’s counsel Khawaja Haris in his arguments stated that the conviction and sentences recorded by the learned trial court are, prima facie, not sustainable in the eyes of law; the obvious legal defect and lacuna floats on the surface of the judgment and is identifiable on the basis of tentative assessment of evidence recorded in the case.

He argued that the charge framed by the trial court had attributed ownership to all the three petitioners including Nawaz, Maryam and Safdar while the judgment has held Nawaz Sharif to be the owner and thus he was convicted under Section 9(a)(v); this finding is based on mere presumption since the judgment does not refer to any oral or documentary evidence which would even remotely establish a connection between Nawaz Sharif and the ownership of Avenfield Apartments.

Khawaja Haris argued that Wajid Zia and Imran Dogar had both admitted during their respective cross examinations that no such oral or documentary evidence could be collected during investigations. The detailed judgement states that the accountability court has not referred to any evidence which would connect Maryam to have aided, assisted or conspired with her father at the time when the Avenfield Apartments were said to have been acquired between 1993 and 1996.

The judgment states the accountability court judgment does not refer to Sharif’s exact income, the sources of his income or the details of resources. The detailed judgment further states that Nawaz Sharif was alleged to have acquired the Avenfield Apartments by corrupt, dishonest or illegal means, however, the accountability court’s judgment has held that “Prosecution have not brought evidence in respect of Section 9(a)(iv) NAO, 1999. So the accused are acquitted under that section of law”. It added that the “Bureau, in its wisdom, has not challenged the said acquittal.”

The judgment states that the accountability court in the judgment has also not recorded reasons for handing down lesser sentences. “It would lead to causing hardship to the petitioners if the relief by way of suspension of sentences is withheld. We, therefore, allow these petitions in terms of the short order passed on 19.09.2018,” the IHC judgment ruled.

The judgment said that the NAB’s counsels failed to explain that how Sharif has been held to have acquired the London flats and how he has been convicted under the offence defined under Section 9(a)(v) of NAB Ordinance of 1999. The only document regarding Sharif’s assets and liabilities referred to in the judgment is an “analysis chart of assets and liabilities” but defence counsel’s objection regarding the admissibility of the chart was not decided and later it was reproduced at page 59 of the judgment.

“In the light of the above obvious and glaring defects and infirmities in the judgment, we have formed a prima facie, tentative opinion that the convictions and sentences handed down to the petitioners may not be ultimately sustainable,” the IHC judgment said.

“Court findings are not final and our opinions or observations will not influence the appeals,” the bench further said in its judgment. On September 19, the IHC in its short order suspended the sentences awarded to Mian Nawaz Sharif, Maryam Nawaz and Captain Safdar.