Avenfield reference: SC admits NAB plea against suspension of Sharifs’ sentence

ISLAMABAD: The Supreme Court (SC) on Wednesday issued notices to the former prime minister Nawaz Sharif and his daughter Maryam Nawaz in a petition, filed by the National Accountability Bureau (NAB) challenging the suspension of their sentences, awarded to them by the Islamabad High Court (IHC) in the Avenfield properties reference.

The National Accountability Bureau (NAB) Chairman, Justice (retd) Javed Iqbal, had filed a petition under Article 185 of the Constitution seeking leave to appeal against the IHC order of September 19, 2018 suspending the sentences given to former prime minister Nawaz Sharif, his daughter Maryam Nawaz and his son-in-law Capt (retd) Safdar in the Avenfield corruption reference. A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar and comprising Justice Mushir Alam and Justice Mazhar Alam Miankhel, during the preliminary proceeding admitted the NAB appeal for regular hearing and issued notices to former PM Nawaz Sharif, his daughter Mariam Nawaz for November 6.

The court observed that it would not take notice of the appeal against Captain (retd) Safdar's sentence suspension, since he was awarded prison sentence only for one year. The Chief Justice, Mian Saqib Nisar, asked NAB Special Prosecutor Akram Qurashi as to whether he was pressing for the matter pertaining to suspension of Captain (retd) Safdar too. The Special Prosecutor, however, sought one day’s time to inform the court after seeking instructions.

Akram Qurashi gave the background of the case and contended that the learned high court, while suspending the sentences of the accused Sharif family, have gone into deeper appreciation of evidence and touched the merits of case by holding that the judgment of conviction is not sustainable. He further submitted that the learned court committed an error by not taking into account the NAB law. He recalled that the Supreme Court in its verdicts had held that as per NAB law, in some specific conditions, bail can be granted to the accused by suspending sentences. The NAB's special prosecutor contended that as per law, an accused is entitled to a bail if medical facilities are not available in the prison hospital or the bail can also be granted to such an accused whose case was not taken up by a court of law for several years.

Akram Qurashi further submitted that in the NAB cases, the criteria for suspension of a sentence is only hardship but in this instant case there is no ground of hardship. Similarly, the prosecutor contended that while deciding the bail application, the court cannot touch the merits of the case, however, in this case the learned high court dilated upon the merits and evidence of the case. He further said the judgment delivered by the learned high court comprised 43 pages. At this, the chief justice observed that the order should have taken 1.5-2 pages at the most. “Ask anyone if they have ever seen an order taking up as many as 43 page,” the CJP said. Later, the court adjourned the hearing for till November 6.