Nawaz told to surrender, appear in court by Sept 10

ISLAMABAD: The Islamabad High Court (IHC) granted former prime minister Nawaz Sharif the opportunity "to surrender" and present himself before the court by September 10.

A two-member bench of the IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani heard appeals filed by NAB against the former prime minister's acquittal in the Flagship reference as well as appeals against his conviction in the Al-Azizia reference.

Judgment

Nawaz's counsel contended that the court had suspended the sentence handed down in the Avenfield reference and had granted the former premier bail for a period of eight weeks "with the observation that if the same is to be extended the same shall be done by the Government of Punjab under Section 401(2) Cr.P.C", the judgment noted.

According to the judgment, "the Provincial Government, vide its decision dated 27.02.2020, did not extend the suspension of sentence of the appellant and as such the suspension and bail of the appellant lapsed".

It noted that the counsel had further contended that "the health of the appellant does not allow him to travel to Pakistan and appear before the court".

The court observed that a writ petition had been submitted by Nawaz before he went abroad and the same is pending before the Lahore High Court.

"It was also submitted that an undertaking was also tendered by the brother of appellant before the Court; that in terms of the undertaking if the appellant had to stay abroad for more than four (04) weeks the medical condition would be determined by the representative of High Commission of Pakistan in United Kingdom," the judgment read.

It further noted that when the counsel was inquired about whether the appellant is hospitalised, "the candid reply was in the negative".

Whereas the NAB prosecutor general believed that since Nawaz is not on bail and should be declared an absconder, it was agreed by both parties that "since the appeal has been admitted to regular hearing even if the appellant is declared as an absconder the appeal is to be decided on merit".

The judgment stated that when the deputy attorney general, Arshad Mehmood Kiyani was asked "whether any effort has been made to verify the medical condition of the appellant" in terms of the undertaking executed and filed by his brother Shehbaz Sharif, time was sought to "obtain instructions".

The judgment observed that the provincial government in its decision dated February 27 turned down the appellant's request for suspension of sentence and hence bail of the appellant lapsed on the said date.

It noted that Nawaz did not inform the court upon leaving Pakistan or that his name was removed from the Exit Control List (ECL). It also noted that the LHC order passed to remove the name from the ECL and to permit him to travel abroad "has no bearing on the suspension order as the appeal is being heard by this Court".

"In the above backdrop and the interest of justice, we deem appropriate that an opportunity be granted to the appellant to appear before the Court and surrender to the authorities before the next date of hearing failing which proceedings would be initiated against him in accordance with law including but not limited to the provisions of National Accountability Bureau Ordinance, 1999," the judgment concluded by saying.

The court directed the federal government to present a report on Nawaz's health and adjourned proceedings of the petition till September 10.

Nawaz given opportunity to 'surrender'

"We are not declaring Nawaz Sharif an absconder," said Justice Amir Farooq. "We are giving him an opportunity to surrender before the court."

Nawaz's attorney Khawaja Haris argued before the court that his client's bail had been approved after his sentence in the Avenfield Apartments reference had been suspended.

He said that the PML-N supremo had been granted conditional bail in the Flagship reference. "Nawaz Sharif's current status is that he is not out on bail," said Haris. "This is the legal position that he is out on the basis of seeking medical treatment abroad and not on bail."

Justice Farooq responded by saying that Nawaz was granted conditional bail for a specific time. Haris replied that Nawaz's medical reports, which stated that he was ill, were provided to the Punjab government.

"Even then, Nawaz's request for the bail extension was rejected," he said.

In response to the bench's question, Haris replied that Nawaz's appeal for bail extension was rejected by the Punjab government on February 27.

The court then wondered whether the PML-N leader's sentence in the Al-Azizia reference ended after the Lahore High Court's order to the government to take off Nawaz's name from the ECL?

"The IHC suspended Nawaz's sentence in the Al-Azizia reference for a short period. After the LHC's verdict, can the IHC's order be superseded," asked the court.

"It's not like Nawaz Sharif does not want to surrender before the court," said Haris.

The court said that the matter of the ECL was being heard by the LHC whereas the IHC was concerned with the issue pertaining to suspension in sentence and bail.

"The effects of this order will also impact the LHC's decision," said Justice Farooq.