ISLAMABAD: The counsel for ex-prime minister Nawaz Sharif, who was recently convicted in the Avenfield properties reference, urged Accountability Judge Mohammad Bashir to recuse himself from the trial proceedings in the Al-Azizia and Flagship references pending before the same judge.

As Accountability Judge Bashir resumed hearing in the Al-Azizia reference on Monday, Advocate Khawaja Haris Ahmed, the counsel for Mr Sharif, urged the judge to recuse himself from further proceedings in the Al-Azizia and Flagship references since he had convicted the ex-premier, his daughter Maryam Nawaz, and son-in-law retired Captain Mohammad Safdar in the Avenfield apartments reference. Advocate Haris was of the view that the evidence in the Al-Azizia reference was similar to that in the Avenfield reference — the verdict of which was passed by the accountability court on Friday.

According to the counsel, the key evidence in all three references was a report prepared by six members of a joint investigation team, headed by Wajid Zia; the documentation about Gulf Steel Mills, sale proceed of shares of Ahli Steel Mills and investment with the Qatari royal family; and Mr Zia’s statement.

Advocate Haris pointed out that after pronouncing the judgement in the Avenfield reference, the judge had disclosed his viewpoint regarding the evidence and, thus, it was no longer appropriate for him to continue hearing the trial of the pending reference.

In response, the accountability judge says the request will be referred to Islamabad High Court

In the case pertaining to the high-end London properties, the court on Friday sentenced Mr Sharif to 10 years in prison and fined him £8 million; his daughter Maryam was sentenced to seven years in prison and fined £2 million; and retired Captain Mohammad Safdar was sentenced to a year in prison. Capt Safdar was arrested on Sunday by officials of the National Accountability Bureau (NAB).

Mr Sharif’s counsel suggested that the matter should be referred to the chief justice of the Islamabad High Court since the IHC was the administrating and controlling authority of the accountability court.

Judge Bashir agreed to refer the matter to the IHC, but remarked that he would also write to the Supreme Court a letter seeking further extension in the time frame, and inform the apex court that the defence counsel was seeking transfer of the case to another court.

Wasiq Malik, special prosecutor of NAB, said the defence counsel could file an application for transfer of the pending references.

On July 28 last year, the Supreme Court had disqualified Mr Sharif from holding public office and directed NAB to file three references against his family.

The ex-premier and his sons — Hasan and Hussain — were indicted in the Al-Azizia corruption reference in October last year. They were also named in the Flagship reference, in which they are accused of using 16 companies “to manage/acquire expensive properties” that include Flagship Investments and Hill Metal Company.

The accountability judge adjourned further proceedings in the Al-Azizia reference till July 12.

Mr Sharif and his daughter Maryam are currently in London and are scheduled to return on July 13.

Journalists manhandled

The Islamabad police and Rangers personnel deployed inside the premises of the Federal Judicial Complex (FJC) manhandled journalists present there, and forcibly stopped them from covering the proceedings of the trial court when NAB officials produced retired Captain Safdar before the accountability court.

The reporters then gathered in front of the main building of the FJC that houses the accountability court and other special courts and shouted slogans against the security personnel.

They were later allowed in after Capt Safdar left the court premises, but they registered their protest before the accountability judge.

Court reporter Awais Yousafzai told the judge that law enforcement agencies had not been this harsh with journalists even when Nawaz Sharif was being tried at the Attock Fort during the regime of former military dictator retired General Pervez Musharraf.

The journalists complained that police officials had expressed their helplessness and said that the accountability judge had ordered them to stop journalists from entering his court. The judge said he had never passed such directives and added that police had stopped them on their own.

He, however, assured the reporters that in future he would ensure access of journalists to the courtroom during trial proceedings.

Published in Dawn, July 10th, 2018