ISLAMABAD: A three-judge Supreme Court bench will commence on Wednesday (today) the hearing of the appeals filed by the National Accountability Bureau (NAB) challenging the Sept 19 order of the Islamabad High Court (IHC) for suspension of the jail terms awarded to former prime minister Nawaz Sharif, his daughter Maryam Nawaz and son-in-law retired Capt Mohammad Safdar in the Avenfield reference.

Headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, the bench will also consist of Justice Mushir Alam and Justice Mazhar Alam Khan Miankhel.

Meanwhile, the CJP has taken serious notice of false news items aired by some news channels that Justice Umar Ata Bandial has recused himself from being part of the bench and asked these channels’ chief executive officers or owners to appear before the special bench at 2pm to clarify and explain the reasons for airing such news items.

A clarification issued by the Supreme Court termed the news items as totally baseless, concocted and false.

It also explained the factual position by stating that Justice Bandial was not feeling well and therefore the CJP reconstituted the bench.

Apex court clarifies that Justice Bandial is not part of bench because he is not feeling well

Later, the Pakistan Electronic Media Regulatory Authority (Pemra) also issued a WhatsApp message highlighting that the apex court had taken notice of the airing of the fake news by all news channels and has fixed hearing on Wednesday at 2pm.

In its notice the apex court has directed the owners of all news channels to appear in person or through authorised director news/bureau chiefs before the court with a direction that the compliance of the apex court’s orders was requested in letter and spirit, Pemra said.

Suspension of sentences

In its appeals which was filed through NAB’s special prosecutor Akram Qureshi, the bureau pleaded the apex court to set aside the high court order and recall the relief of suspending the sentence and the grant of bail to all the accused.

On Sept 19, a division bench of the high court had set free Mr Sharif, Ms Maryam and Mr Safdar after accepting the petitions seeking suspension of sentences awarded to them by the accountability court on July 6.

Accountability Judge Mohammad Bashir convicted Mr Sharif, Ms Maryam and Mr Safdar in the Avenfield apartment reference and awarded 10 years, seven years and one year imprisonment to them, respectively.

In its appeal NAB contended that the high court had failed to appreciate that through its order, it had seriously prejudiced the case of the prosecution by holding that the trial court judgement suffered from obvious and glaring defects and infirmities and that the convictions and sentences handed down to the accused might not sustain ultimately.

NAB argued that the conviction of the Sharifs was based on cogent and tangible evidence thus the offence of corruption and corrupt practice stood proved. The appeal emphasised that Mr Sharif was the chairman of Messers Capital FZE Ltd and the chief financier of the acquisition of the upscale Avenfield Apartments in London through two offshore companies namely Nescoll Enterprises and Nielson.

According to the NAB’s appeals, the high court did not appreciate the settled proposition of the law that questions of facts could not be raised in the constitutional jurisdiction. It said the counsel representing the Sharifs indulged into the same exercise of referring to evidence contained in the proceedings of the trial court.

Thus, it was clear and unambiguous that in the garb of their case before the high court, an attempt was made on part of them to argue the appeal and seek re-appraisal of evidence which was not permissible in the exercise of the constitution jurisdiction of the high court, the appeals said.

Published in Dawn, October 24th, 2018

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