SC hears NAB pleas against suspension of Sharifs’ jail terms today

ISLAMABAD: The Supreme Court (SC) will take up today (Wednesday) the appeals filed by the National Accountability Bureau (NAB) challenging the suspension of the sentences awarded to the Sharif family in the Avenfield corruption reference. A three-member special bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Mushir Alam and Justice Mazhar Alam Miankhel will hear the appeals of NAB against the Islamabad High Court (IHC) order of September 19, 2018.

NAB Chairman Justice (retd) Javed Iqbal the other day filed a petition under Article 185 of the Constitution seeking leave to appeal against the order of IHC of September 19, 2018 suspending sentences awarded to former prime minister Nawaz Sharif, his daughter Maryam Nawaz and her husband Capt (retd) Safdar in the Avenfield reference.

NAB had prayed the apex court to set aside the impugned order of IHC, passed on September 19, 2018 besides recalling the relief of suspension and grant of bail to the respondents.

In its petition, NAB had contended that the learned IHC had failed to appreciate that through its order, it had seriously prejudiced the case of the prosecution by holding that the trial court judgement suffered from obvious and glaring defects and infirmities and that the convictions and sentences handed down to the accused might not be sustained ultimately. It prayed the apex court to restore the sentences awarded to the Sharifs and to cancel the bail granted to all the accused in the reference.

Last month, a two-judge bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb heard the petitions filed by former premier Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Capt Safdar challenging the Avenfield verdict against them. The bench had suspended the sentences handed to the three by accountability court judge Mohammad Bashir on July 6. Nawaz, Maryam and Safdar were sentenced to 11 years, eight years and one year, respectively, in prison in the Avenfield properties reference. The bench after issuing order of their release had directed the former premier, his daughter and son-in-law to submit bail bonds worth Rs0.5 million each.

Meanwhile, the supreme court issued a clarification on a report aired by different news channels about Justice Umar Ata Bandial removal from a special bench constituted to hear the NAB appeals and summoned concerned channel heads to explain the ‘fake news’.

"This clarification is in reference a news item aired by a section of media stating that Supreme Court of Pakistan (SCP) Hon’ble Justice Umar Ata Bandial has been recused from being a part of a special bench which was constituted for hearing National Accountability Bureau (NAB) appeals CP No.3752, 3753 and CP 3754/2018 and was instead replaced with Hon’ble Justice Mazhar Alam Khan Miankhel," a press release issued by the SC stated.

"Therefore, it is clarified that the news item is totally baseless, concocted and false. The factual position is that the Justice Umar Ata Bandial was not feeling well hence, the Chief Justice of Pakistan (CJP), who is heading the bench, reconstituted the bench," it adds.

"Moreover, the CJP has taken serious notice of this false news item aired by different news channels and has asked both the chief executive officers (CEO) and owners of these channels to appear before the special bench headed by himself tomorrow on October 24, 2018, at 02:00 pm in order to clarify and explain the reasons for airing this fake news," the statement concludes.