An accountability court in Lahore on Thursday issued the detailed verdict acquitting ex-premier Nawaz Sharif in a reference pertaining to the alleged illegal allotment of plots in 1986, saying that the record reflected that the PML-N supremo had “become the victim of political victimisation”.
In its reference, filed when the PTI was in power in 2020, the National Accountability Bureau (NAB) had alleged that Jang Group owner Mir Shakil-ur-Rehman had illegally obtained exemption of 54 plots, each measuring one-kanal, situated in Block-H, Johar Town. It alleged that the allotment of the land had been made in connivance with the then chief minister of Punjab, Nawaz, in 1986 against the exemption policy and the laws for monetary gains.
The PML-N supremo had been declared a proclaimed offender in the case for his constant non-appearance before the court.
Last month, Judge Rao Abdul Jabbar had acquitted Nawaz while Rehman was acquitted in the case in January 2022.
The detailed verdict issued by Judge Jabbar today, a copy of which is available with Dawn.com, said that the proper procedure for declaring an individual a proclaimed offender had not been followed.
The order said that under Section 87 of the Code of Criminal Procedure, one could only be declared a proclaimed offender if the court was satisfied after recording the evidence of the process server — who executed the warrants at the accused’s address and fulfils all other formalities.
“In this case, the record is silent regarding who issued the warrants, publications or documents containing the material to inform the accused to appear before the court of law. This is a mandatory condition, otherwise, the entire proceedings become void and illegal.”
The order also referred to an earlier judgement and said that precedent showed there were conditions for the issuance of a proclamation, specifically that proceedings should have begun when the accused had not left the country and that he was in hiding to avoid facing the law.
“If the accused had already left the country before any notice, summon, warrant or proceedings were issued to appear before the court of law, then the entire proceedings become illegal and void ab-initio.”
The judge said that the court’s decision to declare Nawaz a proclaimed offender in the case was “not in line with the parameters settled and followed by the apex court”.
The order said that Nawaz was also entitled to the same relief as the principled accused, Rehman, in the case, “having a lesser role and on a better legal footing as compared to the acquitted co-accused”.
“The record reflects that the accused Mian Muhammad Nawaz Sharif had become the victim of political victimisation, and perhaps the NAB authorities were constrained to prepare the reference at the behest of the then-ruling junta to damage and destroy the political carrier [sic] and goodwill of the accused who had been three times elected prime minister of Pakistan.”
The judge directed NAB and revenue authorities to release the properties of Nawaz and the applicants in the case.
Dear visitor, the comments section is undergoing an overhaul and will return soon.