The Islamabad High Court (IHC) yesterday granted former prime minister Nawaz Sharif the opportunity “to surrender” and present himself before the court by September 10.
A two-member bench of the IHC comprising justice Aamer Farooq and justice Mohsin Akhtar Kayani was hearing appeals filed by NAB against the former prime minister’s acquittal in the Flagship reference as well as appeals against his conviction in the Al-Azizia reference.
“We are not declaring Nawaz Sharif an absconder,” said justice Amir Farooq. “We are giving him an opportunity to surrender before the court.”
The court directed the federal government to present a report on Nawaz’s health and adjourned proceedings of the petition till September 10.
Nawaz’s attorney Khawaja Haris argued before the court that his client’s bail had been approved after his sentence in the Avenfield Apartments reference had been suspended.
He said that the PML-N supremo had been granted conditional bail in the Flagship reference. “Nawaz’s current status is that he is not out on bail,” said Haris. “This is the legal position that he is out seeking medical treatment abroad and not on bail.”
Justice Farooq responded by saying that Nawaz was granted conditional bail for a specific time.
Haris replied that Nawaz’s medical reports, which stated that he was ill, were provided to the Punjab government.
“Even then, Nawaz’s request for the bail extension was rejected,” he said.
In response to the bench’s question, Haris replied that Nawaz’s appeal for bail extension was rejected by the Punjab government on February 27.
The court then wondered whether the PML-N leader’s sentence in the Al-Azizia reference ended after the Lahore High Court’s order to the government to take off Nawaz’s name from the ECL
“The IHC suspended Nawaz’s sentence in the Al-Azizia reference for a short period. After the LHC’s verdict, can the IHC’s order be superseded,” asked the court.
“It’s not like Nawaz Sharif does not want to surrender before the court,” said Haris.
The court said that the matter of the ECL was being heard by the LHC whereas the IHC was concerned with the issue pertaining to suspension in sentence and bail.
“The effects of this order will also impact the LHC’s decision,” said justice Farooq.
Justice Farooq said that the court was not declaring Nawaz an absconder currently but wondered how the appeals can be heard without him present in court.
He said that the court will also seek NAB’s help in this regard and wondered what would happen if Nawaz’s appeal was dismissed in his absence?
“What will be the status of his appeal if the court declares him an absconder,” he wondered.
Additional prosecutor general, NAB, Jahanzeb Bharwana opened his arguments before the court by opposing Nawaz’s appeals for immunity from appearing before the court.
“Nawaz not appearing before the court is tantamount to fleeing from court proceedings,” he said, accusing the former prime minister of absconding on purpose.
“We will provide a date on which Nawaz will have to surrender. Right now, we are not declaring him an absconder,” said Justice Farooq. “We are providing Nawaz an opportunity to surrender.”
“Then you have decided that he should return at any cost,” said Haris.
“Do you think Nawaz will be arrested at the airport when he returns? If that is so, do tell us,” said justice Kayani.
Haris replied by telling the judge that he would move the court if that happens.
Meanwhile Maryam Nawaz has said her father, Nawaz Sharif, will return to the country as soon his treatment is completed and his health is out of danger.
Maryam made the remarks after her appearance at the Islamabad High Court (IHC) yesterday to attend a hearing of the Avenfield Apartments review petition.
“Everyone is equal in the eyes of the law,” Maryam said, adding that they (the Sharif family) had been buried under accusations.
