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• The PML-N chief may now contest the elections, say legal experts
• The IHC rejected NAB’s request for a retrial, noting that the Prime Minister had punished them for ‘copying’.
ISLAMABAD: The charge against former prime minister Nawaz Sharif in the Al-Azizia case – one of the three charges against him in connection with the Panama Papers – was declared null and void today. Second, because the Islamabad High Court acquitted him despite the National Accountability Bureau (NAB) request for a retrial.
Following the reversal of his conviction in the Al-Azizia and Avenfield cases, legal experts believe that the PML-N chief may also be eligible to contest elections and hold public office.
During Tuesday’s proceedings, the IHC bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, noted that the court had convicted Mr Sharif on “evidence that based on copies”.
As the bench expected to conclude the case on Tuesday, the NAB sought to extend the proceedings, with its special counsel Azhar Maqbool Shah requesting the court to remand the case to the court for reply. .
He argued that since judge Arshad Malik was removed from service for misconduct, the IHC could return the case to the court for a decision on merits.
Justice Aurangzeb asked the NAB to present the arguments and share the evidence that the agency planned to present to the court. The IHC chief judge asked the prosecution to show the money, any original documents, and evidence that Mr Sharif Al-Azizia and Hill Metal Establishment (HME) obtained through corruption.
The NAB counsel presented the Supreme Court’s decision to form a joint investigation team (JIT) and said that the apex court has allowed the JIT to use the reports and documents submitted during the trial. . He recalled that the Supreme Court directed the NAB to prepare and file information against the Sharif family based on the documents placed on the court records.
He said the prosecution relied on various public petitions presented to the Supreme Court by Hussain Nawaz regarding the ownership of Al-Azizia and HME. He also cited a copy of the Aldar Audit Bureau and said that the report showed that Hussain Nawaz had sent about 80 percent of the company’s profits to Nawaz Sharif through a bank.
He further said that the investigators have collected data from the Securities and Exchange Commission of Pakistan (SECP), Federal Board of Revenue (FBR) and banks, adding that Nawaz Sharif’s assets are not equal to his known sources of money. found
When the court asked about the evidence to prove the claim that Mr Sharif received and operated the company, the public prosecutor replied “it is a white crime, so there is no direct evidence”.
Mr Sharif’s lawyer, Amjad Pervaiz, argued that the court relied on the evidence documents, which were presented by Hussain Nawaz, in violation of the Supreme Court’s order.
According to his statement, “If the court relies on the evidence given by a defendant, it should be read in its entirety and not in parts.”
He reiterated that it is not possible to rely on the evidence of one case in another case. According to the lawyer, the charge was based on the opinion of the judge to answer.
The lawyer opposed the remand of the case to the trial court, saying that Nawaz Sharif had filed a petition against former judge Arshad Malik for sentencing him under duress and that the judge died; therefore, he could not be brought into the port for examination.
The first bench adjourned the court after arguments, and announced its verdict after a short break, prompting cheers from PML-N workers and supporters who gathered outside the court.
Published in The Dawn, December 13th, 2023