NAB grilled over lack of evidence in Avenfield case

–Nawaz Sharif brought to accountability court in APC, however, hearing was adjourned till Wednesday after commotion outside court

ISLAMABAD: The Islamabad High Court (IHC) on Monday grilled the National Accountability Bureau (NAB) for failing to build a case against ex-PM Nawaz Sharif in Avenfield case, directing Khawaja Haris, the Sharif family’s counsel, and prosecutors to conclude arguments on petitions seeking suspension of the judgement by Thursday.

Earlier in the day, Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif was brought in an armoured vehicle to the accountability court for the appearance in the Al-Azizia and Hill Metal references.

During the hearing, the IHC division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb asked Khawaja Haris and NAB Additional Deputy Prosecutor Sardar Muzaffar, if they had confidence in the present bench. Both of them said they reposed trust in the bench after which it began hearing of the case.

The bench expressed intention of not dragging the matter for an indefinite period as it overruled the objections made by NAB Additional Deputy Prosecutor General Sardar Muzaffar Abbasi.

The NAB lawyer also requested the judges to take up the convicts’ appeal seeking suspension of their sentences after summer vacation of courts; however, the bench rejected his request, saying their appeals will be fixed for hearing as per the routine.

According to objections raised by Abbasi, the appeals against the conviction were already fixed, there was no hardship, as per statutory provisions, the convict may seek release at least after 6 months detention, the petitioners did not cite relevant authorities as respondents in the petition.

Khawaja Haris then presented his argument, stating the NAB failed to evaluate the price of London properties in question. It also failed to determine the known sources of income of Sharif at the time of the purchase.

The Sharifs’ counsel said that even if the Avefield flats were owned by Nawaz—which they are not—he couldn’t be convicted as the prosecution couldn’t establish the discrepancies between the known sources of his client’s income and price of properties.

The IHC also asked NAB prosecutor to inform whether Maryam, being dependent or benamidar of his father, could be convicted under Section 9(a)(5) of the National Accountability Ordinance (NAO) which relates to the assets beyond means.

The court further questioned the prosecutor about the conviction of Maryam, saying how could she be charged for abetting her father in accumulating assets beyond income as the only evidence against her was the forged trust deed.

The bench also asked the prosecution to explain how the trust deed was declared forged and whether the Calibri font did not exist at the time the trust deed was prepared.

Similarly, the court also raised a similar question regarding the conviction of Captain Safdar since he was accused of signing the said trust deed which, according to NAB, was meant to conceal the ownership of London properties.

In reply, Abbasi admitted that the NAB had failed to prove the charge of buying London apartment through corrupt practice due to lack of evidence. Upon which the court said the bureau by not filing the appeal against the July 6 decision— that convicted the Sharifs over failure justify to London properties— had given a clean chit to Sharifs as the verdict had absolved them from the charge of corrupt practices.

Consequently, the bench asked Amjad Pervaiz to conclude his arguments by August 15 and directed NAB’s prosecution to rebut by the following day.

NAWAZ TO APPEAR AGAIN ON WEDNESDAY:

Meanwhile, an accountability court hearing the Al-Azizia and Hill Metal graft references against former prime minister Nawaz Sharif on Monday adjourned the hearing of the case till Wednesday after a commotion erupted outside the court when a police official accidentally fired his gun.

After the removal of Judge Muhammad Bashir from the case, deposed PM Nawaz appeared before NAB Judge Arshad Malik. NAB prosecution team and Panamagate Joint Investigation Team (JIT) head Wajid Zia also appeared before the court.

The authorities had taken extraordinarily security measures outside the accountability court, with contingent of anti-riot police deployed outside. Similarly, Nawaz was brought in an armoured personnel carrier (APC) from Adiala Jail where he is serving a 10-year sentence handed down by the NAB court in Avenfield verdict.

Furthermore, the authorities banned the entry of irrelevant persons and media personnel in the Federal Judicial Complex during the hearing.