In its detailed judgement on the suspension of sentences of Sharif family members in the Avenfield reference, the Islamabad High Court has held that the sentences do not seem maintainable.
The 41-page judgement on the IHC’s September 19 order, written by Justice Athar Minallah, was released on Wednesday.
On September 19, the IHC had suspended sentences given to former premier Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (retd) Muhammad Safdar by the accountability court, and accepted the petitioners’ appeals for hearing.
In the detailed judgement, after the court raised question marks on the sustainability of the sentences, it maintained that the observation was based on a ‘prima facie, tentative opinion’ formed after a ‘plain reading of the judgment and tentative assessment of evidence permissible while considering a case for suspension of sentence in terms of section 426 of the CrPC (Code of Criminal Procedure)’.
The detailed judgement pointed out that the National Accountability Bureau (NAB) was unable to prove corruption charges, saying, “The petitioners were alleged to have acquired Avenfield Apartments by corrupt, dishonest or illegal means. Yet, the accountability court held that the prosecution had not brought evidence in respect of [section 9 (a)(iv) NAO, 1999][4]. So the accused are acquitted under that section of law,” it said, adding, “The bureau, in its wisdom, has not challenged the said acquittal.”
The detailed verdict also raised the issue of determination of value of the apartments, which had not been determined for the time when they were allegedly acquired. The judgement read, “The accountability court has not stated how Maryam Nawaz assisted Nawaz Sharif in the purchase of the Avenfield apartments.”
The sentence said that no evidence was furnished in this regard. Further, it said, “The National Accountability Bureau (NAB) mostly relied on Panama Papers case to argue their points against suspension in sentences. Suspects were also indicted under NAB ordinance Section 9(a)(iv) but a trial court acquitted them under the same. However, the prosecution did not challenge the acquittal.”
It continued, “Court findings are not final and our opinions or observations will not influence the appeals.”
The three members of the Sharif family were released from Adiala Jail on September 19, as the IHC announced its short order on suspension of their sentences. Justice Minallah read the judgment and suspended the sentences handed to the three on July 6. Nawaz, Maryam and Capt (retd) Safdar were sentenced to 11 years, eight years and one year, respectively, in prison in the Avenfield properties reference. We accept the petitioners’ pleas seeking a suspension in their sentences, Justice Minallah said.
Ordering their release, the two-judge bench directed the former premier, his daughter and son-in-law to submit bail bonds worth Rs0.5 million each. The sentences will remain suspended till the final adjudication of the appeals filed by the petitioners.
Published in Daily Times, October 4th 2018.
