ISLAMABAD: A divisional bench of the Islamabad High Court (IHC) on Wednesday dispatched notices to the federal government over former prime minister Nawaz Sharif’s plea seeking to stop the indictment proceedings against him in graft references filed by the National Accountability Bureau (NAB) against him.
A divisional bench comprising Justice Mohsin Akhtar Kiyani and Justice Aamer Farooq heard Nawaz’s plea.
The hearing was later adjourned until November 2.
Earlier on Wednesday, ousted prime minister Nawaz Sharif lodged a petition in the Islamabad High Court (IHC) urging to halt the indictment proceedings against him in the accountability court.
The petition was filed by Nawaz’s representative Zafir Khan in the high court challenging the accountability court’s October 19 decision to indict him in the Avenfield properties and Azizia Steel Mills reference.
He was indicted in the final Flagship Investment Ltd reference on October 20.
Through his petition, Nawaz has urged the IHC to declare the October 19 decision illegal and order the accountability court to amalgamate the three references into one.
He has also pleaded that there should be one trial on one charge instead of separate cases.
The accountability court is hearing graft references filed by the NAB against Nawaz and his family members, as well as Finance Minister Ishaq Dar, in light of the Supreme Court’s July 28 verdict in the Panama Papers case.
Ousted PM Nawaz had on October 13 moved a similar constitutional petition in the Supreme Court (SC) against multiple corruption references filed against him by the NAB in light of the apex court’s orders in the Panama Papers case on July 28.
The petition filed by Sharif’s counsel Khawaja Harris under Article 184(3), also urges the top court to stop the accountability court’s proceedings in the three references until a single reference is filed against the accused.
According to the petition, multiple references against the accused, for each asset allegedly owned, possessed or acquired by him, disproportionate to his known sources of income, is in violation of Section 9 (a)(v) of the National Accountability Ordinance, 1999.
“Multiple references in a case allegedly involving acquisition of assets beyond means is unprecedented and, as such, is manifestly discriminatory and in violation of the petitioner’s fundamental rights as guaranteed under Article 25 of the Constitution,” the petition states, adding that filing of multiple references against an accused for the same alleged offence “exposes him to double punishment, which is repugnant to the accused person’s Fundamental Right under Article 13 of the Constitution”.
The petition is yet to be taken up by the apex court.
Graft hearing tomorrow
The case against Nawaz, his daughter Maryam and son-in-law MNA Capt (retd) Safdar will be taken up by the accountability court on Thursday when the first prosecution witness is likely to record his statement.
Nawaz is expected to arrive in Pakistan for the hearing from Saudi Arabia on Wednesday.
THE REFERENCES:
The references against the Sharif family pertain to the Azizia Steel Mills and Hill Metals Establishment, their London properties and over dozen offshore companies owned by the family.
NAB’s Rawalpindi branch prepared two references regarding the Azizia Steel Mills and Hill Metals Establishment, and the nearly dozen companies owned by the Sharif family.
Its Lahore branch prepared a reference on the Sharif family’s Avenfield apartments in London and another against Finance Minister Ishaq Dar for owning assets beyond his known sources of income.
If convicted, the accused may face up to 14 years imprisonment and lifelong disqualification from holding public office including the freezing of bank accounts and assets.
Maryam and Safdar are only nominated in the London properties reference. At an earlier hearing, the court also approved Maryam and Safdar’s bail in the Avenfiled properties case and ordered them to submit surety bonds worth Rs5 million each.
Safdar was also directed to take the court’s permission before leaving the country from now on. The judge also provided a copy of the reference — spread over 53 volumes — to Maryam and Safdar.
NAB’s Rawalpindi branch prepared two references regarding the Azizia Steel Mills and Hill Metals Establishment, and the nearly dozen companies owned by the Sharif family.
Its Lahore branch prepared a reference on the Sharif family’s Avenfield apartments in London and another against Finance Minister Ishaq Dar for owning assets beyond his known sources of income.
If convicted, the accused may face up to 14 years imprisonment and lifelong disqualification from holding public office including the freezing of bank accounts and assets.
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