Suspension of Nawaz, Maryam sentences: SC dismisses NAB appeal

ISLAMABAD: The Supreme Court (SC) on Monday dismissed the appeal of the National Accountability Bureau (NAB) against the suspension of the prison sentences of former prime minister Nawaz Sharif and his daughter Maryam Nawaz in the Avenfield corruption reference.

A five-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar and comprising Justice Asif Saeed Khosa, Justice Gulzar Ahmed, Justice Mushir Alam and Justice Mazhar Alam Khan Miankhel, heard the case.

The court upheld the decision of the Islamabad High Court (IHC) and dismissed the appeal of NAB with the ruling that the anti-graft body could not provide solid grounds for the cancellation of bail.

The court observed that the IHC did not exceed its authority in granting bail to the convicts of the Avenfield reference. The court held that the respondent (Nawaz Sharif) is already in jail in another case, while he has been regularly appearing before the Accountability Court, then why the anti-graft body is urging for the cancellation of bail.

“Dismissed”, Justice Mian Saqib Nisar ruled after hearing Akram Qureshi, Special Prosecutor NAB, and Khawaja Haris, counsel for the Sharif family, for half an hour proceeding. Last year in September, a two-judge bench of the IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb heard the petitions filed by Nawaz Sharif, Maryam Nawaz and Capt (retd) Safdar challenging the Avenfield case verdict against them. The IHC had suspended the sentences handed to the three by accountability court judge Mohammad Bashir on July 6. Nawaz, Maryam and Capt Safdar were sentenced to 11 years, eight years and one year in prison, respectively, in the Avenfield reference. The court 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.

Later on, the NAB filed an appeal in the Supreme Court, challenging the order of IHC. As the hearing started, Khawaja Haris asked what are those 17 law points, referred by the apex court which touch the merit of the case. The chief justice said they will look into it later on. The chief justice then asked Akram Qureshi to convince on what principles of law the bail of the respondents could be suspended.

Akram Qureshi submitted that while deciding the bail application, the court cannot touch the merit of the case, however, in this case, the high court has dilated upon the merits and evidence of the case.

Justice Gulzar Ahmed observed that the court will handle the merit, adding that special law applies in special circumstances. Justice Asif Saeed Khosa observed that if the high court had made a mistake of discussing the merits of the case then they could not repeat that mistake -- cancelling the bail without any legal point.

“At this, if I cite Shakespeare’s play ‘Merchant of Venice’ then allegation of giving example of novel will again be levelled against me,” Justice Khosa remarked. “Has he been acquitted -- what has come in your way,” Justice Khosa asked the NAB prosecutor without mentioning the name of respondent.

“If the learned high court used its discretionary powers, granting bail, then how can we cancel that bail,” the CJP asked. Justice Khosa again said that the respondent has been regularly attending the proceedings of the accountability court but the prosecutor still wants cancellation of his bail.

“The respondent is already in jail and there is no allegation of misuse of bail then what loss you have faced and thus stressing for cancelation of bail,” Justice Khosa asked the NAB prosecutor.

“The court has not yet given its final verdict,” he remarked and added that court will make comments for guidance of the high court. The chief justice while addressing the NAB prosecutor observed that an interim order of graining bail is never final hence it never affects the final decision either. The court held that bail can only be cancelled when an accused misuses the bail, not appears in the court’s proceedings, tempers with the evidence or puts influence on the prosecuting agency.

Justice Khosa observed it is the fundamental right of every citizen to have fair and transparent trial as enshrined in the Constitution under Article 10-A, hence justice will prevail in the country.

Justice Mian Saqib Nisar expressed concerns that the government has yet to make special laws regarding white collar crimes. “I am reminding the government and all and sundry that we will have to make proper laws for white collar crimes,” the CJP remarked.