Appeals against 27 NAB courts verdicts pending in IHC
ISLAMABAD: As many as 27 verdicts of accountability courts in the federal capital have been challenged in Islamabad High Court (IHC) since 2014, according to a report of the IHC registrar office.
The report was submitted to the IHC in response to a division bench’s direction in a petition filed by National Accountability Bureau (NAB) seeking early disposal of appeals of Nawaz Sharif, Maryam Nawaz and retired Capt Safdar against their conviction in the Avenfied Apartment case.
Mr Sharif has also challenged his seven-year sentence and conviction in the Al-Azizia reference while NAB challenged his acquittal in the flagship investment reference.
The IHC bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, last week sought a report from the registrar office regarding the policy on the fixation of cases.
The registrar office apprised the court that IHC in June 2020 had devised the policy to dispose of criminal appeals in 90 days. The report said the appeals against several decisions of the accountability courts were pending adjudication.
NAB has filed application seeking early hearing of appeals by Sharif family
In addition to the appeals of the Sharif family, there are five appeals against the acquittal of former president Asif Ali Zardari pending before the IHC since 2014.
The report said appeals against the conviction of Nawaz Sharif, Maryam Nawaz and retired Capt Safdar in the Avenfield apartments reference could not be fixed due to unavailability of the bench.
The accountability court had convicted the Sharif family in the Avenfield apartments reference in July 6, 2018, days before the general elections. They have challenged the sentence in subsequent month.
Interestingly, out of the 27 appeals, NAB has filed an application seeking early hearing of the appeals related to the cases of the Sharif family only.
The registrar office informed the bench that the appeals related to the Sharif family may be heard on April 28.
Accountability Judge Mohammad Bashir convicted former prime minister Nawaz Sharif, Maryam Nawaz and Capt Safdar on July 6, 2018, and sentenced Mr Sharif to 10 years in prison for owning assets beyond known income, along with a fine of £8 million. Maryam Nawaz was given seven years imprisonment and slapped with a fine of £2 million. Capt Safdar was sentenced to one year imprisonment.
NAB filed the application in the IHC requesting the court to fix these appeals, saying the National Accountability Ordinance ordains that cases to be expeditiously disposed of.
The Supreme Court recently directed that the number of accountability courts be enhanced and also issued specific directions for early adjudication and decision of the matters, the application said.
The IHC in September last year took up the Sharif family’s appeals. However, after the court declared Mr Sharif a proclaimed offender, the appeals were never fixed for hearing.
The appeals stated that accountability judge Mohammad Bashir had passed the Avenfield verdict on the basis of presumptions and assumptions without fulfilling the “requirements of justice”.
They argued that until the IHC adjudicates on the appeals against the accountability court’s decision, the convicts should be released on bail.
They claimed that the chart of the Sharif family’s assets and liabilities as their “known sources of income”, which was produced in the accountability court was not submitted by the head of the Panama Papers case joint investigation team, who was NAB’s star witness, and did not bear the signatures of any officials either.
The appeals also referred to the contentious use of calibri font in the trust deed, saying forensic expert Robert Radley had admitted that the font had been in existence at the time the trust deed was prepared.
Published in Dawn, April 16th, 2021