Al-Azizia, Avenfield references: IHC declares Nawaz Sharif proclaimed offender

ISLAMABAD: In the Al-Azizia and Avenfield references, the Islamabad High Court (IHC) on Wednesday declared former prime minister Nawaz Sharif a proclaimed offender for his continuous absence from the court.

The court served notices on Nawaz’s guarantor Sakhi Abbas on the disappearance of the accused. The court ordered fixing the appeals of Nawaz with identical appeals of Maryam Nawaz and Captain (retd) Safdar for hearing on December 9.

A division bench of the Islamabad High Court comprising Justice Amir Farooq and Justice Mohsin Akhtar Kayani conducted the hearing on appeals in the Avenfield Property and Al-Azizia Steel Mills references. During the hearing, Director European Affairs Mubashir Khan, while recording his statement, said that on October 19, 2020, court orders were received and a letter was written to the Pakistan High Commission in London to paste summon notices outside Nawaz’s residence and take other measures accordingly.

On October 21, a certified copy was received from the attorney general and on the same day it was conveyed to the high commission along with a copy of the local law. The reply was received from there on November 3 while a fax implementation message was received from London on November 9 and a report was submitted to the court on November 20. Receipts of Royal Mail were received on November 30. On a query by the bench, Deputy Attorney General Tayyab Shah said advertisements were published in English and separate ads were published in the two cases.

Mubashir Khan said he had received proclamation of Nawaz Sharif issued by this court and sent it from the Foreign Office to the Pakistan High Commission in London. Nawaz’s summon advertisement compliance documents were presented before the court.

The court inquired whether the text given by the Registrar's Office was the same to which the deputy attorney general answered in affirmative.

Mubashir Khan while presenting the confirmed receipt of Nawaz's notices through Royal Mail said it was delivered through Royal Mail and the date and day were mentioned on the receipt.

The court ordered making the documents part of the case record. After this, the court recorded the statement of witness Ijaz Ahmed, assistant director, FIA, Lahore, who said he went to Model Town, Lahore, along with Assistant Director Tariq Masood and pasted the notices outside the residence of Nawaz Sharif in simple language. On the same day, they went to Jati Umrah and pasted the notices there. A report was submitted on October 23 with the signature of Tariq Masood and 10 photographs were taken on the spot. Tariq said he also met two servants of the Sharif family, Muhammad Mansha and Anwar, in Jati Umrah.

On a query by Justice Amir Farooq, NAB Prosecutor Jahanzeb Bharwana requested the bench to turn down the appeals of Nawaz Sharif against his sentences. To this, Justice Farooq said that not today but assist the court on the next hearing with judicial precedents in similar matters.

Jahanzeb Bharwana said Nawaz could be given further sentence for not surrendering before the court under Section A-31 of the NAB Ordinance.

Justice Amir Farooq said if there was such punishment in the law, the appeals could also be decided on merit. The court said the appeals of Maryam Nawaz and Captain (R) Safdar were also being heard next week.

Bharwana said that the merits of Maryam Nawaz and her husband's appeals were different. Justice Kayani said it would open the complete case as the decision was in the same case. He said this court also had to view the conduct of former judge Arshad Malik.

Bharwana said Nawaz had filed a petition to produce five witnesses while the second case was filed by Nasir Butt who is also a fugitive.

Justice Farooq said: “We would pass an order keeping in view the evidence.” He asked the NAB prosecutor what the court should do next. There were two appeals from Nawaz and two from the NAB. The court noted that a notice was issued on the NAB's appeal to increase the sentence. Should Nawaz's appeal be kept separate from the Al-Azizia reference, the bench asked.

The NAB prosecutor replied that the Al-Azizia reference appeal was completely different, it should be looked at separately. To this, Justice Farooq said the other side was not present and asked the prosecutor to assist the court.

Bharwana said the same court had given a decision in the Pervez Musharraf case.

Justice Farooq said the court had to view the law as the accused have become absconders. Later, the court adjourned the hearing till December 9.